Victorian Current Acts

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 90

Limitations on exercise of powers

    (1)     Despite anything else in this Part, an authorised representative of a registered employee organisation is not entitled to exercise a power under this Part in respect of—

        (a)     any part of a place that is used for residential purposes except with the consent of the occupier for the time being of the place; or

        (b)     any part of a place to which access is limited to any extent, by or under another Act, to particular persons or circumstances the effect of which is that the authorised representative is precluded from entering the part of the place.

    (2)     Despite anything else in this Part but subject to subsection (3), an authorised representative of a registered employee organisation is not entitled to exercise a power under this Part in respect of a place, except with the consent of the employer who has, or a person who on behalf of the employer has, the management and control of the work, if the exercise of that power would cause any work at the place to cease.

    (3)     Nothing in subsection (2) prevents an authorised representative who reasonably believes that there is an immediate and significant risk of serious injury or death to one or more employees from warning the employee or employees of that risk.

    (4)     To avoid doubt, nothing in subsection (2) prevents an authorised representative from consulting with an employee during his or her meal-time or other breaks.

Division 4—Offences relating to authorised representatives



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