Occupational Health and Safety Amendment (Authorised Representatives) Act 2009 (NSW)

An Act to amend the Occupational Health and Safety Act 2000 in relation to authorised representatives of industrial organisations who may exercise investigation powers under that Act.

1Name of Act

This Act is the Occupational Health and Safety Amendment (Authorised Representatives) Act 2009.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Occupational Health and Safety Act 2000 No 40[1]Section 76 Definition

Omit the definition of authorised representative. Insert instead:

authorised representative of an industrial organisation of employees, means a person who is an authorised industrial officer within the meaning of Part 7 of Chapter 5 of the Industrial Relations Act 1996 in respect of that industrial organisation of employees.

[2]Schedule 3 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Occupational Health and Safety Amendment (Authorised Representatives) Act 2009

[3]Schedule 3, Part 6

Insert after Part 5:

Part 6Provision relating to Occupational Health and Safety Amendment (Authorised Representatives) Act 200923Authorised representatives(1)

In this clause:

amending Act means the Occupational Health and Safety Amendment (Authorised Representatives) Act 2009.

authorised representative has the same meaning as in Division 3 of Part 5 of this Act.

(2)

Before the commencement of Schedule 1 [1] to the amending Act, a person who for any period was an authorised industrial officer within the meaning of Part 7 of Chapter 5 of the Industrial Relations Act 1996 is taken, for the purposes of this or any other Act or law, to have been an authorised representative during that same period.

(3)

Any act or omission of a person referred to in subclause (2), that would have been valid had Schedule 1 [1] to the amending Act commenced before the act or omission, is validated.

(4)

Subclauses (2) and (3) do not affect any decision of a court made before the commencement of this clause.