Health and Safety Representatives (HSRs) primary role is to represent a work group on work health and safety (WHS) matters through ongoing consultation and cooperation between workers and the PCBU.

HSRs are elected by their work group and are not personally responsible for health and safety in a workplace. The responsibility for providing a healthy and safe workplace rests with the person conducting a business or undertaking (PCBU).

HSRs and deputy HSRs are entitled to undertake training and perform their functions within work time.

There are no legislated renumeration requirements within the WHS Act for HSRs, however please refer to individual enterprise agreements to determine what, if any, allowances are made within your organisation.

What are the benefits of HSRs?

Some of the benefits provided by HSRs include:

  • a single point of contact for workers raising health and safety issues
  • improved efficiency, particularly where there is a large group of affected workers, enhancing the consultation process
  • a HSR who has attended an approved training course can exercise certain powers and functions outlined in the WHS Act
  • more effective representation, through their training, experience and regular involvement with health and safety matters.

Who can be an HSR?

Any worker of a work group may nominate to be an HSR.

They can be a HSR if:

  • they are a member of the work group who elected the HSR, and
  • they have not been disqualified from performing the HSR role.

They can only be disqualified from the role if a court or tribunal decides that they:

  • used a power or carried out a function for an improper purpose, or
  • used or disclosed information obtained for an improper purpose.

A person in a management role can be a HSR if they are a member of the work group and have been elected. However, managers, team leaders, and supervisors have specific work health and safety duties attached to their role and may be put in a difficult position when needing to respond to concerns. It is recommended that this potential conflict be discussed prior to the voting and election of a HSR.

Registering a HSR

All business should register their HSRs with SafeWork SA via the HSR Portal. This will provide the HSR with a unique HSR ID number, required when they register for approved training courses, as well as allowing SafeWork SA to support them as they undertake their role.

Via the HSR Portal, PCBUs can advise of HSR election results, download reports on currents HSRs and view listings by site/location. Approved training providers can also search online to check if HSRs are registered with us or have already attended training within their current term of office.

Powers and functions of an HSR

The primary responsibility for providing a healthy and safe workplace rests with the PCBU. The HSR has a role in representing members of their work group and bringing WHS matters to the attention of the PCBU. Powers and functions given to HSRs under the WHS Act enable them to effectively represent the interests of workers in their work group and to contribute to WHS matters.

HSRs have the following powers and functions:

  • represent the workers in their work group in relation to WHS matters
  • monitor the PCBU’s compliance with the WHS Act
  • investigate WHS complaints from members of the work group; and
  • inquire into WHS risks to workers.
  • accompanying an inspector during an inspection that affects their work group

The types of WHS matters an HSR may encounter and be consulted on can include but are not limited to:

  • asbestos
  • bullying and harassment
  • electrical safety
  • fatigue
  • hazardous chemicals
  • hazardous manual tasks (lifting, pushing and pulling)
  • noise and vibrations
  • plant and equipment
  • psychosocial hazards
  • slips, trips, and falls
  • working at heights
  • working in heat and other environmental conditions

It is up to the HSR to decide when they will exercise their powers and perform their functions. There are no mandatory obligations on HSRs to do so. HSRs can:

  • seek and receive information concerning the work health and safety of workers in a work group
  • inspect the workplace where their workgroup works at any time after giving reasonable notice to the PCBU (or without notice in the event of an incident or any situation involving a serious risk to health or safety)
  • attend interviews between a work group member or members (with their consent) and an inspector or the PCBU (e.g. after an incident has occurred, for return-to-work purposes or as part of issue resolution)
  • direct a work group member to cease unsafe work (external site) (external site) (external site) or issue a Provisional Improvement Notice (PIN) (external site) (external site) (external site) - providing the HSR has completed their initial 5-day training.

Employers must allow HSRs to access information relating to hazards that may affect the health and safety of any work group.

The powers and functions of an HSR are limited to the work group they have been elected to represent unless an HSR from another work group is unavailable and:

  • there is a serious risk to health and safety from an immediate or imminent exposure to a hazard that affects or may affect a member of another work group
  • a member of another work group asks for assistance
  • and the work group seeking assistance relate to that of the HSR.

HSRs are not personally liable for actions or omissions when done in good faith whilst exercising powers or functions reasonably believed to be authorised under the Act. There is no legal duty or obligation for an HSR to perform functions or use the powers set out in the Act.

Deputy HSRs can only represent the workers in the absence of the elected HSR. The election process, term of office, training and other provisions are the same as for HSRs.

HSRs are automatically members of the Health and Safety Committee (HSC) if there is one, unless they do not wish to participate.

Training

HSRs and deputy HSRs are entitled to undertake approved training courses during their term of office.

See our HSR training page for further information.

What is a work group?

A work group is a group of workers that is formed by negotiation and agreement between the PCBU and the workers who are proposed to form the work group.

Forming a work group is the first step to take before the election of one or more HSRs.

Employers must start negotiating with workers and/or their representatives within 14 days of being asked to establish a work group or groups. As reaching agreement can take time, the actual formation of a work group may take longer. The PCBU must negotiate with the Union representatives or any other person that a worker has nominated to represent them. Penalties may apply to a PCBU that excludes a nominated representative from those negotiations.

When negotiating work groups (or variations to existing work groups) you must ensure that workers are grouped in a way that they can raise WHS matters in the most effective and convenient manner, and that the elected HSRs are readily accessible to all workers of the workgroup.

There are a range of matters that must be considered when determining a work group, including:

  • the number of workers
  • the views of workers
  • the diversity of workers
  • the different types of work
  • the different types of work carried out by the workers
  • the areas or places where each type of work is carried out
  • the nature of any hazards or risks
  • the nature of the engagement of workers, e.g. employees or contractors
  • the pattern of work, e.g. full-time, part-time, casual, short-term or seasonal work, and
  • the times work is carried out, e.g. night shifts or rotating rosters.

Negotiations need to decide:

  • the number and composition of work group/s
  • the number of HSRs and deputy HSRs (if any) to be elected, and
  • the workplace/s to which the work groups will apply (if there is more than one workplace).

A work group may be determined for workers at one or more workplaces and may include workers carrying out work for two or more PCBU’s.

If negotiations to establish work groups fail, the regulator may be asked to appoint an inspector to decide the matter. An inspector’s decision in such a matter is a reviewable decision under the WHS Act.

Once work groups have been set up, they should remain unchanged, unless the HSR, employer, or representatives negotiate a variation (e.g. due to workforce changes, an organisational restructure or due to noncompliance with regulation 16 and/or 17 of the WHS Regulations).

How is a HSR elected?

A work group chooses how a HSR election will be held, and the person conducting the election (agreed on by the work group) informs the employer accordingly.

This person can be from another work group, but not a candidate in the election, or someone else from outside the workplace can help if this is agreed to by a majority of the work group.

Employers must provide reasonable resources, facilities and support to enable the conduct of the election and display a list of elected HSRs at your workplace.

All work group members must be given the opportunity to vote, so elections may need to be conducted over an extended period.

The term of office for a HSR is three years, unless:

  • you resign
  • leave the work group
  • are disqualified
  • the majority of the work group sign a declaration that you should no longer represent them.

Below is a general guide to conducting a HSR election.

Request for election
Any worker (or group of workers) may ask their employer for a HSR to be elected. An employer must take all reasonable steps to commence negotiations within 14 days to determine work group(s).

Negotiate work groups
Before any election, work groups must be negotiated and agreed between the PCBU and the workers (or their representatives). As soon as practicable after agreement, the employer must notify workers of the outcome (number/composition of work groups/number of HSPs, deputies/the workplaces they cover). If negotiations fail, any party may ask the regulator to appoint an inspector to assist or decide.

Determine election process
Majority of Workers may decide how the HSR election is conducted, whether through an informal show of hands or a more formal ballot. The PCBU does not determine or approve the election method, but must provide any resources, facilities, or assistance reasonably necessary for the election. If a majority of workers agree, a union, organisation, or another person may assist with the process.

Call for nominations
Nominations should be open to all members of the work group (workers may nominate themselves or another eligible worker in the work group). Provide clear, accessible notices and allow a reasonable timeframe so all workers can participate in the election process.

Conduct the election
Run the election in line with the worker‑decided procedure (ballot, show of hands, or another agreed method). Ensure all workers in the work group are given adequate opportunity to vote.

Notify workers of outcome
The person who conducted the election must advise the employer and the work group of the result as soon as practicable.

Term of office begins
A HSR term is for 3 years. This generally starts from the day they were elected unless otherwise determined by the workers, employer and elected HSR - such as a HSR being re-elected for a consecutive term in an election held prior to the end of their current term or the election being held at the end of a working week.

Register HSR with SafeWork SA
As soon as practicable, the employer (or a representative) should register the elected HSR on the SafeWork SA HSR Portal.

Re-election

If a HSR is re-elected, another term of office would begin. Re-elected HSRs have the same training entitlements as newly elected HSRs.

Disqualification

A court or tribunal may disqualify a HSR if satisfied that the HSR exercised a power or performed a function for an improper purpose, or used or disclosed information acquired in the role for a purpose other than in connection with their role as a HSR.

For example, a regulator, a person conducting a business, or a person adversely affected by the alleged behaviour can progress an application for disqualification to the court or tribunal.

The court or tribunal at their discretion may decide to disqualify the HSR indefinitely or for a specified period.

Members of a work group can also disqualify a HSR in writing.

Workplace protection orders

From 4 May 2026, a health and safety representative (HSR) can apply for a workplace protection order under the Workplace Protection (Personal Violence) Act 2025 (Workplace Protection Act).

What is a workplace protection order?

A workplace protection order (WPO) is designed to protect workers that require direct interaction with members of the public from individuals who have committed personal violence at a workplace and may engage in further personal violence if a WPO is not made.

A WPO may prohibit an individual from entering or being within a particular distance of a workplace, or place conditions around attending a workplace.

A WPO is made on application to the Magistrates Court (or Youth Court where the individual is under 18).

A Health and Safety Representative (HSR) can apply to the Magistrates Court or Youth Court for a WPO. A HSR can only apply for a WPO on behalf of the work group from which they were elected. This is because under section 4 of the Workplace Protection (Personal Violence) Act 2025 (external site) (external site),  ‘health and safety representative’ has the same meaning as in the Work Health and Safety Act 2012 (external site) (external site). In turn, the Work Health and Safety Act 2012 (external site) (external site) defines ‘health and safety representative’, in relation to a worker, as “the health and safety representative elected under Part 5 for the work group of which the worker is a member” (refer to section 4).

The Court will make a WPO if satisfied that the defendant:

  • has engaged in personal violence in relation to a workplace; and
  • may engage in personal violence in relation to a workplace during the time the order is proposed to operate, if the order is not made.

The Workplace Protection Act defines ‘personal violence’ as any of the following behaviour in relation to another person:

  • physical violence or abuse
  • sexual violence or abuse
  • threatening behaviour
  • stalking
  • harassing, intimidating, or offensive behaviour
  • damaging property

The Court may, at any time during proceedings for an application for a WPO, make an interim WPO if satisfied that the interim order is necessary.

Is any training required before a HSR can apply for a workplace protection order?

No.

The Workplace Protection Act does not set any training requirements for a HSR before they can apply for a WPO.

What workplaces may be subject to a workplace protection order?

Workplaces that require direct interaction with members of the public may be subject to WPOs. The interaction does not have to be ‘in person’ and can include electronic or telephone communication with the public.

Examples of workplaces are supermarkets, petrol stations, retail shops, and call centres.

Workplaces for which you cannot apply for a WPO include:

  • commercial construction sites to which entry by members of the public is restricted
  • commercial factories, offices, or other premises without access points for members of the public. That is, there is no reception area into or through which members of the public may enter;  and where usual business does not involve electronic or telephone communication with members of the public.

Who enforces a workplace protection order?

South Australia Police are responsible for enforcing a WPO, and for investigating, charging, and prosecuting WPO breaches as criminal offences.

Where can I find more information?

Further information is available on the Attorney-General’s Department’s website at agd.sa.gov.au/law-and-justice/legislation/workplace-protection-laws (external site) (external site).

Support and advice

SafeWork SA has a dedicated HSR Advisor who can provide free support and advice to HSRs and PCBUs about:

  • HSR powers and functions
  • work groups
  • electing and registering HSRs
  • HSR training and entitlements
  • establishing HSCs and their functions
    and more

To contact the HSR Advisor, please email HSR.Safework@sa.gov.au

You can also contact our Help Centre (open 9am-5pm weekdays) for general enquiries on 1300 365 255 or help.safework@sa.gov.au

Further information

Work health and safety consultation co-operation and co-ordination - Code of Practice

Consultation and representation at work

Worker representation and participation guide (external site) (external site) (external site) (external site) - Safe Work Australia