The Occupational Safety and Health Tribunal operates under the auspices of the Western Australian Industrial Relations Commission. The Tribunal was established in 2005 to assist in the resolution of certain workplace safety and health issues under Western Australia’s occupational safety and health laws.
- Occupational Safety and Health Act 1984
- Mines Safety and Inspection Act 1994
- Petroleum (Submerged Lands) Act 1982
Many of the functions carried out by the Tribunal were previously dealt with by safety and health magistrates.
Prosecutions continue to be dealt with by safety and health magistrates in the Magistrates Court of Western Australia.
What claims can be dealt with at the Tribunal?
Claims the Tribunal can deal with include:
- the review of a decision by the WorkSafe Commissioner or the State Mining Engineer on the review of a prohibition or improvement notice
- a question relating to an election for a safety and health representative that the WorkSafe Commissioner or the State Mining Engineer have been unable to resolve
- a question as to whether a safety and health representative should be disqualified
- a determination of a variation of entitlements to time off work with pay or the payments for attendance at a course of training in the safety and health representative’s own time
- a 'discrimination' claim by a safety and health representative
- the entitlement of an employee to wages and conditions under stop work provisions
- appeals against decisions by the WorkSafe Commissioner and State
How is a matter referred to the Tribunal?
A matter can be referred to the Tribunal by completion of a Notice of Referral to the Occupational Safety and Health Tribunal (also known as a Form 7).
The Tribunal can hear matters in Perth or, subject to the availability of the parties, in country towns and regional locations.
The Western Australian Industrial Relations Commission has more details on referrals and lodging applications with the Occupational Safety and Health Tribunal.
Please see below:
For enquiries contact the Occupational Safety and Health Tribunal directly.
Occupational Safety and Health Tribunal
Western Australian Industrial Relations Commission
16th Floor 111 St George's Terrace
Perth WA 6000
Phone: (08) 9420 4444
Freecall: 1800 624 263 (for country callers)
Fax: (08) 9420 4500
Freefax: 1800 804 987