Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In
subsections (1aa) to (1ac) —
Commission includes the Full Bench, the Commission
in Court Session and a constituent authority.
(1aa) The Chief
Commissioner is responsible for matters of an administrative nature relating
to the Commission and members of the Commission.
(1ab) Subject to this
Act, the Chief Commissioner may allocate and reallocate the work of the
Commission and may assign or appoint commissioners for the purposes of
constituting the Commission, or altering the constitution of the Commission,
in relation to a matter.
(1ac) When it is
continuing to deal with and deciding a matter that has been reallocated, or in
relation to which its constitution has been altered, the Commission can have
regard to —
(a) any
record of the proceedings of the Commission in relation to the matter before
the reallocation or alteration; or
(b) any
evidence taken in the proceedings before the reallocation or alteration.
(1a) The Chief
Commissioner may assign a commissioner to sit or act alone as the Commission
or to sit or act as a member of the Full Bench or the Commission in Court
Session notwithstanding that that commissioner is for the time being appointed
as or to a constituent authority.
(2A) The Chief
Commissioner must, in writing, designate one commissioner, who holds office
under section 8(2)(d) and who satisfies the additional requirements
referred to in section 8(3A), to exercise the jurisdiction conferred by
the Occupational Safety and Health Act 1984 section 51G.
(2B) Without affecting
the Chief Commissioner’s duty under subsection (2A) to ensure that,
at any one time, one commissioner is designated, the Chief
Commissioner —
(a) may
at or after the time when a commissioner is designated under
subsection (2A), in writing, specify a date when the designation ceases
to have effect; and
(b) may,
in writing, vary any date so specified.
(2C) The designation
of a commissioner under subsection (2A) to exercise the jurisdiction
conferred by the Occupational Safety and Health Act 1984
section 51G does not preclude the commissioner from also performing other
functions as a commissioner under this Act.
(2D) The commissioner
who, immediately before commencement, was the commissioner whose appointment
satisfied the requirements of section 8(2a) (as it was before the
commencement) is, on and from commencement, to be taken to be designated under
subsection (2A) to exercise the jurisdiction conferred by the
Occupational Safety and Health Act 1984 section 51G.
(2E) In
subsection (2D) —
commencement means the commencement of the
Occupational Safety and Health Legislation Amendment Act 2009
section 19 1 .
(2) The Chief
Commissioner —
[(a) deleted]
(b)
shall, before 1 October in each year, make a written report to the
Minister relating to the operation of this Act up to the last preceding
30 June;
(c)
shall, before making the report referred to in paragraph (b), consult
with the President; and
(d) may
require the commissioners to attend a conference of commissioners for the
purposes of paragraph (b) or for any other purpose.
(3) Where the Chief
Commissioner is unable to attend to his duties under this Act, whether on
account of illness or otherwise, or where there is a vacancy in the office of
Chief Commissioner, the duties and powers of the Chief Commissioner devolve on
the commissioner who is next in order of seniority and not himself absent or
unable to perform those duties, unless the Governor appoints some other person
to be acting Chief Commissioner.
[Section 16 amended by No. 121 of 1982
s. 4; No. 94 of 1984 s. 10 and 66; No. 1 of 1995
s. 53; No. 14 of 2005 s. 4; No. 36 of 2009 s. 19.]