Occupational Health and Safety Amendment (Workplace Incidents Consultative Committee) Regulations 2020 (Vic)

Occupational Health and Safety Amendment (Workplace Incidents Consultative Committee) Regulations 2020

S.R. No. 106/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3New Chapter 7A inserted

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Endnotes

STATUTORY RULES 2020

S.R. No. 106/2020

Occupational Health and Safety Act 2004

Occupational Health and Safety Amendment (Workplace Incidents Consultative Committee) Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 29 September 2020

Responsible Minister:

JILL HENNESSY
Minister for Workplace Safety

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2017 to provide for the Workplace Incidents Consultative Committee under section 126A of the Occupational Health and Safety Act 2004.

2Authorising provision

These Regulations are made under section 158 of the Occupational Health and Safety Act 2004.

3New Chapter 7A inserted

After regulation 553 of the Occupational Health and Safety Regulations 2017[1] insert—

"Chapter 7A—Workplace Incidents Consultative Committee

553AObjective of this Chapter

The objective of this Chapter is to provide for the membership and procedure of the Workplace Incidents Consultative Committee so that the membership broadly represents persons affected by workplace incidents that involve death, serious injury or serious illness.

553BDefinitions

In this Chapter—

affected person means a person who has been affected, directly or indirectly, by a workplace incident that involves death or a serious injury or illness;

co-chairperson means—

(a)the non-government co‑chairperson or a person acting in that office; or

(b)the government co-chairperson or a person acting in that office;

Committee means the Workplace Incidents Consultative Committee established by the Minister under section 126A of the Act;

committee member means a member of the Committee appointed under regulation 553D or 553F;

Department means the Department of Justice and Community Safety;

deputy non-government co-chairperson means the committee member elected as deputy co-chairperson under regulation 553C(2)(b);

government co-chairperson means the co‑chairperson appointed under regulation 553F;

identifying information means information about a person whose identity is apparent or can reasonably be ascertained from the information;

non-government co-chairperson means the committee member elected as co‑chairperson under regulation 553C(2)(a).

553C Membership of the Committee

(1)The Committee consists of the following members—

(a)no fewer than 8 and no more than 15 affected persons appointed under regulation 553D;

(b)a government co-chairperson appointed under regulation 553F.

(2)The Committee must elect, from among the committee members who are affected persons—

(a)a non-government co-chairperson; and

(b)a deputy non-government co‑chairperson.

553DAppointment of members who are affected persons

(1)A member who is an affected person must be appointed by the Minister in writing under this regulation.

(2)In appointing an affected person as a committee member, the Minister must have regard to—

(a)representation of the Victorian community on the Committee and diversity in the gender, age, cultural and ethnic background, region, industry and type of injury or illness of committee members; and

(b)the ability of the affected person to successfully perform the functions and duties of a committee member.

(3)An affected person appointed as a committee member is appointed on a part-time basis, for a term of no longer than 3 years.

(4)The Public Administration Act 2004 (other than Part 3 of that Act) applies to an affected person appointed as a committee member in respect of the office of a committee member.

553E Terms of appointment and reappointment of members who are affected persons

(1)An affected person's instrument of appointment as a committee member must specify—

(a)the terms and conditions of the appointment; and

(b)the remuneration and allowances to which the member is entitled.

(2)An affected person appointed as a committee member is eligible to be reappointed for one additional term.

(3)The Minister may reappoint an affected person as a committee member for a further additional term or terms if, in the Minister's opinion, there are exceptional circumstances.

553F Appointment of government co‑chairperson

(1)An eligible person must be appointed by the Minister in writing under this regulation to be the government co‑chairperson of the Committee.

(2)For the purpose of subregulation (1), an eligible person is a person who can demonstrate a professional commitment to workplace safety reform and—

(a)is a public sector employee (within the meaning of the Public Administration Act 2004) at the level of Deputy Secretary or higher or equivalent; or

(b)has knowledge, skills or experience in a field that the Minister considers relevant.

(3)The government co-chairperson's instrument of appointment must specify the terms and conditions of the appointment.

(4)The government co-chairperson is not entitled to remuneration or allowances in respect of the office of government co‑chairperson.

(5)If a person appointed to be the government co-chairperson ceases to be an eligible person under subregulation (2), the person ceases to be a committee member.

553GProvision of expert and technical advice

(1)On behalf of the Committee and to assist the Committee to perform its function, the non-government co-chairperson may invite any of the following persons to attend meetings of the Committee for the purpose of providing expert or technical advice—

(a)the Secretary to the Department;

(b)the Chief Executive Officer of the Victorian WorkCover Authority;

(c)the Director of Public Prosecutions;

(d)the State Coroner;

(e)the Chief Commissioner of Police;

(f)the chief executive officer of the Accident Compensation Conciliation Service;

(g)the Convenor of Medical Panels;

(h)the Victims of Crime Commissioner;

(i)employer and employee representatives;

(j)academics;

(k)any other persons the non-government co-chairperson considers appropriate.

(2)A person invited to attend a meeting may send a delegate in the person's place with the written permission of the non-government co-chairperson.

(3)A person invited to attend a meeting or a delegate in the person's place—

(a)is not entitled to vote on any question arising at the meeting; and

(b)is entitled to the allowances (if any) determined by the non-government co‑chairperson.

553HVacancies in Committee membership

(1)A committee member's office becomes vacant if—

(a)the committee member resigns by signed notice given to the Minister; or

(b)the committee member is convicted of an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence; or

(c)in the case of a committee member who is not a co-chairperson, the committee member is absent, without the co‑chairpersons' leave and without reasonable excuse, from 3 consecutive meetings of the Committee; or

(d)in the case of a co-chairperson, the co‑chairperson is absent, without leave from the Minister and without reasonable excuse, from 3 consecutive meetings of the Committee; or 

(e)the committee member is removed from office under subregulation (2).

(2)The Minister may, at any time, remove a committee member from that office.

(3)The co-chairpersons may approve a leave of absence for a committee member.

553ICircumstances for acting non-government co-chairperson

(1)The deputy non-government co-chairperson must act as the non-government co‑chairperson—

(a)during a vacancy in the office of the non-government co-chairperson; or

(b)during any period when—

(i)the non-government co‑chairperson is absent; or

(ii)the non-government co‑chairperson is, for any other reason, unable to perform the functions and duties of that office.

(2)If the deputy non-government co-chairperson is unable to perform the functions and duties of the non-government co-chairperson, the Committee may elect another committee member who is an affected person to act as the non-government co-chairperson.

(3)A committee member elected under subregulation (2) acts as the non-government co-chairperson for a period not exceeding 3 consecutive meetings.

(4)A committee member acting as the non‑government co-chairperson—

(a)may exercise all the powers of the non‑government co-chairperson; and

(b)must perform all the functions and duties of the non-government co‑chairperson.

553JAppointment of acting government co‑chairperson

(1)The Minister may, in writing, appoint an eligible person to act as the government co‑chairperson—

(a)during a vacancy in the office of the government co-chairperson; or

(b)during any period when—

(i)the government co-chairperson is absent; or

(ii)the government co-chairperson is, for any other reason, unable to perform the functions and duties of that office.

(2)For the purpose of subregulation (1), an eligible person is a person who meets the criteria set out in regulation 553F(2).

(3)An appointment under subregulation (1) is for a period not exceeding 3 consecutive meetings.

(4)An eligible person acting as the government co-chairperson—

(a)may exercise all the powers of the government co-chairperson; and

(b)must perform all the functions and duties of the government co‑chairperson.

553KMeetings of the Committee

(1)The Committee must meet at least 4 times per calendar year.

(2)The co-chairpersons must call a meeting if asked in writing to do so by—

(a)the Minister; or

(b)at least one-half of the total number of committee members.

(3)A quorum for a meeting of the Committee is at least one-half of the total number of committee members.

(4)Subject to these Regulations, the Committee may regulate its own proceedings.

553LCommittee support

The Secretary to the Department must provide the Committee with administrative support from the Department and any additional support agreed between the Secretary and the co-chairpersons.

553MDuty to declare conflict of interest

(1)A committee member who has a perceived or actual conflict of interest in a matter being considered by the Committee must declare that conflict.

(2)The Committee must determine whether a conflict of interest declared under subregulation (1) would prejudice the Committee's operation and must decide whether the committee member should—

(a)be present when the Committee considers the relevant matter; or

(b)take part in any decision of the Committee about that matter.

(3)If the Committee decides under subregulation (2)(a) or (b) that the committee member should not be present or take part in a decision, the remaining committee members present at the meeting are a quorum for considering and making any decision about that matter despite regulation 553K(3).

553NConfidentiality

(1)Subject to subregulation (2), materials and information obtained by the Committee in performing its function and not publicly available must be treated as confidential.

(2)Subject to subregulation (3), a committee member may only disclose identifying information obtained as a result of the member's appointment as a committee member if the disclosure is—

(a)authorised in writing by—

(i)the co-chairpersons or, if the member is a co-chairperson, the other co-chairperson; and

(ii)the person to whom the identifying information relates; or

(b)otherwise permitted or required by law.

(3)The co-chairpersons must not authorise disclosure of any materials or information that are commercial-in-confidence.

553OReview of this Chapter's operation

The Minister must ensure that a review of this Chapter's first year of operation is undertaken within two years of the appointment of the initial committee members.".

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Endnotes

[1] Reg. 3: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018, 71/2019 and 84/2020.