South Australian Current Acts South Australian Current Acts72—Obligation to train health and safety representatives
(1) A
health and safety representative is entitled to take at least the prescribed
number of days per year off work for the purposes of attending a course
of training in work health and safety that is—
(a)
approved by the regulator; and
(b) a
course that the health and safety representative is entitled under the
regulations to attend; and
(c)
subject to subsection (6), chosen by the
health and safety representative, in consultation with the person conducting
the relevant business or undertaking.
(2) The
person conducting a business or undertaking must, at the request of a
health and safety representative for a work group for that business or
undertaking, allow the health and safety representative to attend a course of
training under subsection (1) (after undertaking the consultation
referred to in subsection (1)(c)).
(3) The person
conducting the business or undertaking must—
(a) as
soon as practicable within the period of 3 months after the request is
made, allow the health and safety representative time off work to attend the
course of training; and
(b) pay
the course fees and any other reasonable costs associated with the
health and safety representative's attendance at the course of training.
(4) If—
(a) a
health and safety representative represents a work group of the workers of
more than one business or undertaking; and
(b) the
person conducting any of those businesses or undertakings has complied with
this section in relation to the representative,
each of the persons conducting those businesses or undertakings is to be taken
to have complied with this section in relation to the representative.
(5) Any time that a
health and safety representative 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.
(6) If agreement
cannot be reached between the person conducting the business or undertaking
and the health and safety representative within the time required by
subsection (3) as to the matters set out in subsections (1)(c) and
(3), either party may ask the regulator to appoint an inspector to decide the
matter.
(7) The inspector may
decide the matter in accordance with this section.
(8) A
person conducting a business or undertaking must allow a health and
safety representative to attend a course decided by the inspector and pay the
costs decided by the inspector under subsection (7).
Maximum penalty:
(a) in
the case of an individual—$10 000;
(b) in
the case of a body corporate—$50 000.
(9) For the purposes
of this section, the "prescribed number of days , in relation to a
health and safety representative, is—
(a)
during the first year of the health and safety representative's term of
office—5 days; and
(b)
during the second year of the health and safety representative's term of
office—3 days; and
(c)
during the third year of the health and safety representative's term of
office—2 days,
(and if the health and safety representative is re-elected at the end of a
term of office then paragraphs (a), (b) and (c) will again apply during
that new term of office).