Section Sch2-21 — Health and Safety at Work Act 2015: Obligations of PCBU in relation to health and safety committees

21 Obligations of PCBU in relation to health and safety committees (1) The PCBU must— (a) consult, so far as is reasonably practicable, about health and safety matters with a health and safety committee; and (b) allow each member of a health and safety committee to spend as much time as is reasonably necessary to attend meetings of the committee or to carry out functions as a member of the committee; and (c) provide the health and safety committee with any information that is necessary to enable the committee to perform its functions, including information relating to— (i) hazards (including associated risks) at the workplace; and (ii) the health and safety of the workers at the workplace. (2) If a health and safety committee makes a recommendation regarding work health and safety, the PCBU must, within a reasonable time,— (a) adopt the recommendation; or (b) provide a written statement to the health and safety committee setting out the reasons for not adopting the recommendation. (3) Any time that a member of a health and safety committee spends for the purposes set out in subclause (1) must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period. (4) Despite subclause (1)(c), the PCBU must not allow the health and safety committee to have access to any personal information concerning a worker without the worker’s consent unless the information is in a form that— (a) does not identify the worker; and (b) could not reasonably be expected to identify the worker. (5) A person who contravenes subclause (1), (2), or (4) 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. Compare: 1992 No 96 s 19B(4) ; Model Work Health and Safety Act (Aust) s 79