(1) The person conducting a business or undertaking at a workplace must establish a health and safety committee for the business or undertaking or part of the business or undertaking—
(a) within 2 months after being requested to do so by—
(i) a health and safety representative for a work group of workers carrying out work at that workplace; or
(ii) 5 or more workers at that workplace; or
(b) if required by regulation to do so, within the time prescribed by regulation.
Maximum penalty:
(a) in the case of an individual—$5 000; or
(b) in the case of a body corporate—$25 000.
Note Strict liability applies to each physical element of this offence (see s 12A).
(2) A person conducting a business or undertaking at a workplace may establish a health and safety committee for the workplace or part of the workplace on the person's own initiative.
Note If a health and safety committee is not required to be established, other consultation procedures can be established for a workplace—see div 5.2.