New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 65

65 Disqualification of health and safety representatives

(1) An application may be made to the Industrial Relations Commission 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 Industrial Relations Commission is satisfied that a ground in subsection (1) is made out, the Commission may disqualify the health and safety representative for a specified period or indefinitely.