New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 72

72 Obligation to train health and safety representatives

(1) The person conducting a business or undertaking must, if requested by a health and safety representative for a work group for that business or undertaking, allow the health and safety representative to attend a course of training in work health and safety that is--

(a) approved by the regulator, and

(b) a course that the health and safety representative is entitled under the regulations to attend, and

(c) chosen by the health and safety representative.

(2) The person conducting the business or undertaking must, in consultation with the health and safety representative and as soon as practicable within the period of 3 months after the request is made--

(a) allow the health and safety representative time off work to attend the course of training, and

(b) pay the course fees and any other reasonable costs associated with the health and safety representative's attendance at the course of training.

(3) If--

(a) a health and safety representative represents a work group of the workers of more than one business or undertaking, and

(b) the person conducting any of those businesses or undertakings has complied with this section in relation to the representative,

each of the persons conducting those businesses or undertakings is to be taken to have complied with this section in relation to the representative.

(4) Any time that a health and safety representative is given off work to attend the course of training must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period.

(5) If agreement cannot be reached between the person conducting the business or undertaking and the health and safety representative within the time required by subsection (2) as to the matters set out in that subsection, either party may ask the regulator to appoint an inspector to decide the matter.

(6) The inspector may decide the matter in accordance with this section.

(7) A person conducting a business or undertaking must pay the costs decided by the inspector under subsection (6).

: Maximum penalty--

(a) for an individual--121 penalty units, or

(b) for a body corporate--607 penalty units.