Health and Safety Committee Provisions in NSW WHS Act 2011

Section / Topic	Extract / Legal Requirement	Connection to Consultation
Section 76 – Constitution of Committee	The composition of a health and safety committee is to be agreed between the PCBU and workers. At least half of members must be workers not nominated by the PCBU. If no agreement, an inspector can decide. (NSW Legislation)	This agreement mechanism is directly tied to consultation obligations — committees only exist if workers and PCBU agree or a regulator decides. Consultation procedures under Section 47 of WHS Act must be consistent with this agreement. (NSW Legislation)
Section 77(a) – Function: Facilitate co-operation	HSCs must facilitate co-operation between the PCBU and workers in instigating, developing and carrying out measures designed to ensure workers’ health and safety. (NSW Legislation)	This is a consultative function: it supports the PCBU to share relevant health and safety information and allow workers reasonable opportunity to contribute, as required under Section 47 and Section 48 of the WHS Act. (NSW Legislation)
Section 77(b) – Function: Assist in developing standards, rules, procedures	Committees assist in developing standards and procedures relating to health and safety that are to be followed at the workplace. (NSW Legislation)	This aligns with consultation duties by giving workers a structured avenue to help form WHS standards and procedures — a key part of worker participation envisioned in Sections 47-49 of the WHS Act. (NSW Legislation)
Section 77(c) – Function: Other agreed or prescribed functions	Any other functions prescribed by the regulations or agreed between the PCBU and committee. (NSW Legislation)	This expressly requires agreement between the PCBU and committee for additional functions — reinforcing the agreed nature of consultation procedures. Consultation procedures under Section 47 of WHS Act must be consistent with this agreement.
Section 78 – Meetings of Committee	HSCs must meet at least once every 3 months and at any reasonable time at the request of at least half the committee members. (NSW Legislation)	Meetings provide opportunities for sharing information and allowing response, aligning with the representation, cooperation and consultation principles of Part 5 of the WHS Act. (NSW Legislation)
Section 79(1) – Duties of PCBU re Committee Members’ Time	PCBUs must allow members time reasonably necessary to attend meetings and carry out functions and pay them accordingly. (NSW Legislation)	Ensures that worker participation in consultation processes via the committee is supported with time and pay, further enabling meaningful consultation as intended under Section 47 of the WHS Act. (NSW Legislation)
Section 79(3) – Duties of PCBU re Access to Information	PCBUs must allow committees access to information relating to hazards and worker health and safety. (NSW Legislation)	Directly supports the sharing of relevant information required by Section 47 (consultation requires sharing information about matters affecting health and safety). (NSW Legislation)

Agreed Consultation procedures must be followed:

• PCBUs must consult workers about WHS matters — share relevant information, give reasonable opportunity to respond, and consider views before making decisions.

• If agreed consultation procedures exist, they must be followed.

How HSC Provisions Tie In:

• HSCs provide one structured, agreed mechanism for consultation: committees are created by agreement (or decision), meet every few months, and have functions tied to cooperative development of measures and standards. An HSC is not intended to be the sole mechanism for WHS consultation, as it is a consultative body and not involved in the day-to-day operation of the WHS management system. Accordingly, immediate risks and hazards are expected to be addressed through prompt control measures or elimination, regardless of whether there is an HSC or not.

  
  

• Because the Act additionally defines committee functions as dependent on agreement (Section 77(c)), those agreed functions become part of the consultation procedures the parties must follow. This means that an agreed function of an HSC (beyond the statutory core) must be consistent with Section 47’s mandate for agreed consultation procedures.