Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies in relation to a major construction project.
(2) The principal contractor for the major construction project must ensure the members of the health and safety committee for the major construction project attend a course of training in work health and safety that is—
(a) approved by the regulator; and
(b) a course that the members are entitled under the regulation to attend; and
(c) subject to subsection (6), chosen by the health and safety committee, in consultation with the principal contractor.
(3) The principal contractor for the major construction project must—
(a) as soon as practicable within the period of 3 months after the day the health and safety committee is constituted, ensure members of the health and safety committee have time off work to attend the course of training; and
(b) pay the course fees and any other reasonable costs associated with each member's attendance at the course of training.
(4) Any time that a member of a health and safety committee 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 principal contractor for the major construction project and the health and safety committee within the time required by subsection (3) as to the matters set out in subsections (2) (c) and (3), 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) The principal contractor for the major construction project must ensure the members of the health and safety committee attend a course decided by the inspector and pay the costs decided by the inspector under subsection (6).
Maximum penalty:
(a) in the case of an individual—$10 000; or
(b) in the case of a body corporate—$50 000.
Note Strict liability applies to each physical element of this offence (see s 12A).
(8) Subsection (7) does not apply if the regulator has, under section 50B (Exemption from certain requirements under this part), exempted the principal contractor from complying with this section.