South Australian Current Acts South Australian Current Acts70—General obligations of person conducting business or undertaking
(1) The person
conducting a business or undertaking must—
(a)
consult, so far as is reasonably practicable, on work health and safety
matters with any health and safety representative for a work group of workers
carrying out work for the business or undertaking; and
(b)
confer with a health and safety representative for a work group, whenever
reasonably requested by the representative, for the purpose of ensuring the
health and safety of the workers in the work group; and
(c)
allow any health and safety representative for the work group to have access
to information that the person has relating to—
(i)
hazards (including associated risks) at the workplace
affecting workers in the work group; and
(ii)
the health and safety of the workers in the work group;
and
(d) with
the consent of a worker that the health and safety representative represents,
allow the health and safety representative to be present at an interview
concerning work health and safety between the worker and—
(i)
an inspector; or
(ii)
the person conducting the business or undertaking at that
workplace or the person's representative; and
(e) with
the consent of one or more workers that the health and safety representative
represents, allow the health and safety representative to be present at an
interview concerning work health and safety between a group of workers, which
includes the workers who gave the consent, and—
(i)
an inspector; or
(ii)
the person conducting the business or undertaking at that
workplace or the person's representative; and
(f)
provide any resources, facilities and assistance to a health and
safety representative for the work group that are reasonably necessary or
prescribed by the regulations to enable the representative to exercise his or
her powers or perform his or her functions under this Act; and
(g)
allow a person assisting a health and safety representative for the work group
to have access to the workplace if that is necessary to enable the assistance
to be provided; and
(h)
permit a health and safety representative for the work group to accompany an
inspector during an inspection of any part of the workplace where a worker in
the work group works; and
(i)
provide any other assistance to the
health and safety representative for the work group that may be required by
the regulations.
Maximum penalty:
(a) in
the case of an individual—$10 000;
(b) in
the case of a body corporate—$50 000.
(2) The
person conducting a business or undertaking must allow a health
and safety representative to spend such time as is reasonably necessary to
exercise his or her powers and perform his or her functions under this Act.
Maximum penalty:
(a) in
the case of an individual—$10 000;
(b) in
the case of a body corporate—$50 000.
(3) Any time that a
health and safety representative spends for the purposes of exercising his or
her powers or performing his or her functions under this Act 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.