Australian Capital Territory Numbered Acts

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WORK SAFETY ACT 2008 (NO. 51 OF 2008) - SECT 56

Duty to consult—consulting workers

    (1)     An employer must consult the employer's workers about a matter by—

        (a)     sharing with the workers information about the matter; and

        (b)     giving the workers a reasonable opportunity to—

              (i)     contribute information about the matter; and

              (ii)     express their views about the matter; and

        (c)     considering the workers' views.

    (2)     The employer consults the workers by—

        (a)     if the workers are represented by a health and safety representative—consulting the representative, whether with or without the direct involvement of the workers; or

        (b)     if the workers are represented by a health and safety committee—consulting the committee, whether with or without the direct involvement of the workers; or

        (c)     if the employer and the workers in a worker consultation unit have agreed to a consultation procedure—consulting in accordance with the procedure; or

        (d)     if the workers are not represented by a health and safety representative or health and safety committee—consulting the workers directly.

    (3)     An employer commits an offence if—

        (a)     a worker consultation unit of the employer's workers elect a health and safety representative or health and safety committee; and

        (b)     the employer fails to consult the health and safety representative or health and safety committee about a matter directly affecting the work safety of the employer's workers.

Maximum penalty: 50 penalty units.



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