Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 65

Disqualification of health and safety representatives

  (1)   An application may be made to a court to disqualify a health and safety representative on the ground that the representative has:

  (a)   exercised a power or performed a function as a health and safety representative for an improper purpose; or

  (b)   used or disclosed any information he or she acquired as a health and safety representative for a purpose other than in connection with the role of health and safety representative.

  (2)   The following persons may make an application under this section:

  (a)   any person adversely affected by:

  (i)   the exercise of a power or the performance of a function referred to in subsection   (1)(a); or

  (ii)   the use or disclosure of information referred to in subsection   (1)(b);

  (b)   the regulator.

  (3)   If the court is satisfied that a ground in subsection   (1) is made out, the court may disqualify the health and safety representative for a specified period or indefinitely.


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