Section 62 — Health and Safety at Work Act 2015: Election of health and safety representatives

62 Election of health and safety representatives (1) A worker who carries out work for a business or undertaking may notify the PCBU that the worker wishes 1 or more health and safety representatives to be elected to represent workers who carry out work for that business or undertaking. (2) Subject to subsection (4), if a PCBU receives a notification under subsection (1), the PCBU must initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking, within the time prescribed by regulations. (3) A PCBU may, on the PCBU’s own initiative, initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking. (4) A PCBU is not required to initiate the election of 1 or more health and safety representatives, if the work of the business or undertaking— (a) is carried out by fewer than 20 workers; and (b) is not within the scope of any high-risk sector or industry prescribed by regulations for the purposes of this section. (5) A PCBU who seeks to rely on subsection (4) to refuse a worker’s request for the election of 1 or more health and safety representatives under subsection (1) must give written notice to that effect within a reasonable time to that worker. (6) The PCBU’s obligation to hold an election in response to a worker’s request for the election of 1 or more health and safety representatives under subsection (1) applies only in relation to holding an election for the work group to which that worker belongs. (7) A person who contravenes subsection (2) or (5) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $5,000: (b) for any other person, to a fine not exceeding $25,000. Compare: Model Work Health and Safety Act (Aust) s 50