Has Your HSRs or Committee Members Term Expired
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Courtenell Pty Ltd

as Trustee for the Vowles Family Trust

WHS Training Specialists, Sydney, Australia  

train@courtenell.com.au ~ PO Box 622 Broadway NSW 2007

ABN: 42164393628 ~ ACN: 050109281

02 9552 2066

Has Your HSRs’ or Committee Members’

Term of Office Expired?

It is just over 6 years ago that the NSW WHS Act came into force. Since then, HSRs and Committee members have been elected under the requirements of the WHS Act. But their term of office is limited – if they want to stay in that position when their term of office has expired they should be re-elected.  


HSR Elections


Has your HSR’s term of office expired?  

HSRs are elected for a period of 3 years at which time another election for the position of HSR for that workgroup has to be held - (Section 64 WHS Act).


The NSW WHS Act came into force on 1/1/2012. So for example, if a HSR was elected in 2012 then that HSR should have been re-elected 3 years later in 2015 if they wanted to stay as the HSR. Another example; if an HSR was elected in 2015 they have to be re-elected 3 years later in 2018 when their term of office expires.  


Can an election be delayed?

No. A PCBU must not unreasonably delay the election of a HSR (clause 19 WHS Regulations - Maximum penalty – an individual $3,600, a corporation $18,000).


Who is eligible for election?


Who can vote?

Only the members of a workgroup can vote for a HSR candidate for their workgroup. (Section 62 WHS Act)



What is the procedure for electing an HSR?

    (a) each person in the workgroup is informed of the date of the election as  

         soon as practicable

    (b) all workers in the workgroup are given an opportunity to nominate for the    

         HSR position and vote

    (c) all workers are informed of the outcome of the election.


When is an election not needed?

You don’t need an election if the number of candidates for election as a health and safety representative for a work group equals the number of vacancies in that workgroup. (Section 63 WHS Act)


Note:

For further information about HSRs and Training HSRs go HERE



Health & Safety Committee Member Elections

The WHS Act and the WHS Regulations have very little to say on the subject of the election of H&S Committee members. These matters have been left to the PCBU and the workers to agree upon and record in the constitution of the committee when it was established. “The constitution of the health & safety committee may be agreed between the person conducting the business or undertaking and the workers at the workplace”. (See Section 76 (1) WHS Act)  Ideally that Constitution should show the period of time a member can be a member before having to be re-elected.  

 

Note:

For further information about Committees and training committee members go HERE





19th June 2018

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