This chapter of the regulations was due to be inserted in 2020 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." It was introduced at the time that the Industrial Manslaughter laws were implemented in July 2020.
The Workplace Incidents Consultative Committee was established by the Minister under section 126A of the OHS Act.
553C Membership of the Committee
(1) The Committee is made up of the following members—
(a) no fewer than 8 and no more than 15 affected persons (that is, persons who have been affected, directly or indirectly, by a workplace incident that involves death or a serious injury or illness) 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.
553D Appointment of members who are affected persons
(1) the Minister appoints affected persons in writing
(2) When appointing affected persons, the Minister must have regard to —
(a) representation of the Victorian community 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) the appointment is on a part-time basis, for a term of no longer than 3 years.
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 can 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.
The rest of this regulation goes into details of how the co-chairperson, who must be a public sector employee, is appointed, conditions and so on. This person is not paid and does not receive any allowances for this role.
553G Provision of expert and technical advice
(1) On behalf of the Committee and to assist it to perform its function, the non-government co-chairperson is able to invite any of the following persons to attend meetings of the Committee to provide 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;
(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) The invited person or delegate —
(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.
Regs 553H-553J deal with appointment of acting co-chairperson
553K Meetings 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 is at least one-half of the total number of committee members.
(4) Subject to these Regulations, the Committee may regulate its own proceedings.
553L Committee support
The Secretary to the Department of Justice and Community Safety must provide the Committee with administrative and any additional support agreed between the Secretary and the co-chairperson.
553M Duty to declare conflict of interest
553O Review 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.
Last amended July 2021