Under the transitional provision 397(5) of the Work Health and Safety Act 2020, persons who were a HSR or a HSR-elect immediately before the commencement of the WHS legislation on 31 March 2022 continue to be a HSR under the new legislation until their term expires or for no longer than one year from commencement day.

Thus after March 2023, there will need to be an election for those HSR positions or, if there are no other nominations for that position and providing that the HSRs are willing to continue, those HSRs are considered to be re-elected.

This does not mean that the HSRs need to re-train. Regulation 715 of the Work Health and Safety Regulations 2022 provide that training courses approved under the former OSH legislation are taken to be courses approved under the WHS legislation. However, it would be advisable for those HSRs to undertake Refresher training, which they are entitled to do.