Western Australian Consolidated Acts

MINES SAFETY AND INSPECTION ACT 1994 - SECT 59

59 .         Disqualification of representatives

        (1)         A person specified in subsection (2) may refer to the Tribunal the question of whether a safety and health representative should be disqualified on the ground that the representative —

            (a)         has done anything under this Act with the intention only of causing harm to an employer at the mine or the manager of the mine, or a commercial or business undertaking of one of those persons; or

            (b)         has used or disclosed any information acquired from an employer at the mine or the manager of the mine in the representative’s capacity as a safety and health representative for a purpose that is not connected with the performance of the representative’s functions under this Act with the intention of causing harm to an employer at the mine or the manager of the mine, or a commercial or business undertaking of one of those persons; or

            (c)         has failed adequately to perform the functions of a safety and health representative under this Act,

                or on more than one of those grounds.

        (2)         A reference under subsection (1) concerning the disqualification of a safety and health representative may be made by —

            (a)         an employer at the mine or the manager of the mine; or

            (b)         a relevant employee; or

            (c)         the State mining engineer.

        (3)         If, upon a reference under subsection (1), the Tribunal is satisfied that grounds for the disqualification of the safety and health representative exist, the Tribunal may disqualify the representative for a specified period or permanently from holding office as a safety and health representative.

        (4)         In determining what disqualification, if any, should be imposed under subsection (3), the Tribunal must take into account —

            (a)         the harm, if any, caused to the employer, or manager of the mine, or a commercial or business undertaking of one of those persons; and

            (b)         the past record of the safety and health representative in performing the functions of a safety and health representative under this Act; and

            (c)         whether the safety and health representative acted contrary to the public interest,

                and may take into account any other matters that the Tribunal considers relevant.

        (5)         In subsection (2)(b) —

        relevant employee means —

            (a)         an employee who works at the mine concerned; or

            (b)         if the safety and health representative was elected for more than one mine pursuant to a scheme established under section 55A, an employee who works at any such mine; or

            (c)         if under a scheme referred to in paragraph (b) the safety and health representative was elected for a group of employees, an employee who is a member of the group.

        [Section 59 amended by No. 30 of 1995 s. 64 and 76(4); No. 68 of 2004 s. 59 and 84.]