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2019-02-12 Attachment 2 to Item 5 - Updated Delegations
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3. To exercise the powers of council pursuant to the Work Health and Safety Act 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to notify the regulator after becoming aware a notifiable incident has Section 38
occurred
Power to consult with workers who are, or are likely to be, directly affected by a Section 47
matter relating to work health or safety
Power to facilitate the conduct of an election for 1 or more health and safety Sections 51
representatives to represent workers to 54
Power to make an application to the commission to disqualify a health and safety Section 65
representative.
Power to comply with the general obligations of a person conducting a business Section 70
or undertaking provided in section 70.
Power to refuse on reasonable grounds to grant access to the workplace to a Section 71(5)
person assisting a health and safety representative for a workgroup.
Power, as person conducting a business or undertaking, to refuse to grant Section 71(7)
access to information mentioned in section 70(1)(c) if the information is
confidential commercial information.
Power to ask the regulator to appoint an inspector to decide the matter. Section 72(5)
Power as a person conducting a business or undertaking to comply with Section 74
subsections (a) to (c).
Power to establish a health and safety committee. Sections 75 to
78
Power, as a party to an issue, to resolve the issue in accordance with an agreed Section 80
procedure or the default procedure. and 81
Power to ask the regulator to appoint an inspector to assist in resolving the issue. Section 82(2)
Power to direct the worker to carry out suitable alternative work at the same or Section 87
another workplace.
Power to ask the regulator to appoint an inspector to attend the workplace to Section 89
assist in resolving an issue arising from a cessation of work.
Power to give a copy of the provisional improvement notice to the regulator. Section 97A
Power to give the industrial registrar written notice of the dispute Section 102B
Power to appeal a decision of the Commission given under Part 5, Division 7A. Section 102G
Power, as a person conducting a business or undertaking, to appoint a work Section 103A
health and safety officer for that business or undertaking.
Power, as a person conducting a business or undertaking, to instruct a work Section 103F
health and safety officer to take reasonable action to eliminate or minimise risks
to health and safety.
Power to apply to the Magistrates Court for an order under section 112 about Section 112
engaging in or inducing discriminatory or coercive conduct.
Power to apply to the Commission to revoke a WHS entry permit. Section 138
Power to appeal a decision of the commission. Section 140
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