Section 66 — Health and Safety at Work Act 2015: Health and safety committees

66 Health and safety committees (1) The following persons may request that the PCBU at a workplace establish a health and safety committee for the business or undertaking or part of the business or undertaking: (a) a health and safety representative for a work group of workers carrying out work at that workplace; or (b) 5 or more workers at that workplace. (2) Subject to subsection (3), the PCBU must, within 2 months of receiving a request under subsection (1), decide whether to establish a health and safety committee for the business or undertaking or part of the business or undertaking. (3) A PCBU is not required to decide whether to establish a health and safety committee 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. (4) A PCBU who considers subsection (3) applies in relation to a request under subsection (1) must give written notice to that effect within a reasonable time to the person (or persons) who made the request. (5) The PCBU may refuse a request made under subsection (1) if the PCBU is satisfied that existing worker participation practices at the workplace sufficiently meet the requirements of section 61 . (6) The PCBU must give written notice of its decision under subsection (2)— (a) as soon as practicable to workers who the PCBU considers have an interest in the decision; and (b) no later than any prescribed time. (7) If the PCBU decides to refuse a request made under subsection (1), the notice under subsection (6) must include— (a) the reasons for the decision; and (b) a statement that workers may raise the refusal as an issue under subpart 6 of this Part. (8) A PCBU at a workplace may establish a health and safety committee for the workplace or part of the workplace on the PCBU’s own initiative. (9) A person who contravenes subsection (2) 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 75