Section Sch2-12 — Health and Safety at Work Act 2015: Requirement to allow health and safety representatives to attend certain training

12 Requirement to allow health and safety representatives to attend certain training (1) Subject to subclause (2), if a health and safety representative has been elected to represent workers who carry out work for a business or undertaking, the PCBU must— (a) allow the health and safety representative, for the purpose of attending health and safety training,— (i) 2 days’ paid leave each year; or (ii) the number of days’ paid leave that a PCBU must allow a health and safety representative in specific industries to take in a year, as specified in regulations made under section 214(b)(vii) ; and (b) comply with any prescribed requirements relating to access to training for health and safety representatives (including any requirement to meet the costs of that training). (2) The number of days’ paid leave that a PCBU must allow a health and safety representative to take in a year is subject to the maximum total number of days’ paid leave that that PCBU is required to allow for health and safety representatives in the whole business or undertaking, as specified in, or determined under, regulations made under section 214(b)(vi) . (3) The PCBU must pay a health and safety representative for every day or part of a day that the health and safety representative is given time off work to attend training,— (a) in the case of a health and safety representative who is an employee of the PCBU, the health and safety representative’s relevant daily pay, as defined in section 9 of the Holidays Act 2003, or average daily pay calculated in accordance with section 9A of that Act (as the case may be): (b) in the case of a worker who is not an employee of the PCBU, the pay that the health and safety representative would otherwise be entitled to receive for performing the health and safety representative’s normal duties during that period. (4) Subclause (3) does not apply in respect of any day for which the eligible employee or other worker is paid weekly compensation under the Accident Compensation Act 2001 . (5) A person who contravenes subclause (1) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $10,000: (b) for any other person, to a fine not exceeding $50,000. (6) For the purposes of this clause, year means a period starting on 1 April in a year and ending on 31 March in the following year. Compare: 1992 No 96 ss 19E , 19F ; Model Work Health and Safety Act (Aust) s 72(1)–(4)