High Court denies WorkSafe special leave to appeal

17 November 2017

Today the High Court of Australia denied WorkSafe special leave to appeal the decision of the Full Federal Court in the matter of the Victorian WorkCover Authority v. Australian Building and Construction Commissioner and Anor (M89/2017).

 This means the High Court upheld the Full Federal Court's decision that when a health and safety representative (HSR) who seeks occupational health and safety assistance from a person who is also a union official, that union official is required to hold a federal entry permit.

The High Court's decision is final and there are no other avenues of appeal.

Therefore, the decision of the Full Federal Court stands.  That is, a union official who assists a HSR with an OHS issue under section 58 or an Inspector under section 122 of the Victorian Occupational Health and Safety Act 2004, must hold a federal entry permit under the Fair Work Act 2009.

Guidance for people assisting HSRs is available on WorkSafe's website at www.worksafe.vic.gov.au

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