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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 6 January 2017 to date (accessed 26 May 2017 at 08:14)
Part 12
Part 12 Review of decisions
Division 1 Reviewable decisions
223   Which decisions are reviewable
(1)  The following table sets out:
(a)  decisions made under this Act that are reviewable in accordance with this Part (reviewable decisions), and
(b)  who is eligible to apply for review of a reviewable decision (the eligible person).
Item
Provision under which reviewable decision is made
Eligible person in relation to reviewable decision
1
Section 54 (2) (decision following failure to commence negotiations)
(1)  A worker whose interests are affected by the decision or his or her representative appointed for the purpose of section 52 (1) (b).
(2)  A person conducting a business or undertaking whose interests are affected by the decision.
(3)  A health and safety representative who represents a worker whose interests are affected by the decision.
2
Section 72 (6) (decision in relation to training of health and safety representative)
(1)  A person conducting a business or undertaking whose interests are affected by the decision.
(2)  A health and safety representative whose interests are affected by the decision.
3
Section 76 (6) (decision relating to health and safety committee)
(1)  A worker whose interests are affected by the decision.
(2)  A person conducting a business or undertaking whose interests are affected by the decision.
(3)  A health and safety representative who represents a worker whose interests are affected by the decision.
4
Section 102 (decision on review of provisional improvement notice)
(1)  The person to whom the provisional improvement notice was issued.
(2)  The health and safety representative who issued the provisional improvement notice.
(3)  A worker whose interests are affected by the decision.
(4)  A health and safety representative who represents a worker whose interests are affected by the decision.
(5)  A person conducting a business or undertaking whose interests are affected by the decision.
5
Section 179 (forfeiture of seized things)
The person entitled to the thing.
6
Section 180 (return of seized things)
The person entitled to the thing.
7
Section 191 (issue of improvement notice)
(1)  The person to whom the notice was issued.
(2)  A person conducting a business or undertaking whose interests are affected by the decision.
(3)  A worker whose interests are affected by the decision.
(4)  A health and safety representative who represents a worker whose interests are affected by the decision.
8
Section 194 (extension of time for compliance with improvement notice)
(1)  The person to whom the notice was issued.
(2)  A person conducting a business or undertaking whose interests are affected by the decision.
(3)  A worker whose interests are affected by the decision.
(4)  A health and safety representative who represents a worker whose interests are affected by the decision.
9
Section 195 (issue of prohibition notice)
(1)  The person to whom the notice was issued.
(2)  The person with management or control of the workplace, plant or substance.
(3)  A person conducting a business or undertaking whose interests are affected by the decision.
(4)  A worker whose interests are affected by the decision.
(5)  A health and safety representative who represents a worker whose interests are affected by the decision.
(6)  A health and safety representative who gave a direction under section 85 to cease work, that is relevant to the prohibition notice.
10
Section 198 (issue of non-disturbance notice)
(1)  The person to whom the notice was issued.
(2)  The person with management or control of the workplace.
(3)  A person conducting a business or undertaking whose interests are affected by the decision.
(4)  A worker whose interests are affected by the decision.
(5)  A health and safety representative who represents a worker whose interests are affected by the decision.
11
Section 201 (issue of subsequent notice)
(1)  The person to whom the notice was issued.
(2)  The person with management or control of the workplace.
(3)  A person conducting a business or undertaking whose interests are affected by the decision.
(4)  A worker whose interests are affected by the decision.
(5)  A health and safety representative who represents a worker whose interests are affected by the decision.
12
Section 207 (decision of regulator to vary or cancel notice)
(1)  The person to whom the notice was issued.
(2)  The person with management or control of the workplace.
(3)  A person conducting a business or undertaking whose interests are affected by the decision.
(4)  A worker whose interests are affected by the decision.
(5)  A health and safety representative who represents a worker whose interests are affected by the decision.
(6)  In the case of a prohibition notice, a health and safety representative whose direction under section 85 to cease work gave rise to the notice.
13
A prescribed provision of the regulations
A person prescribed by the regulations as eligible to apply for review of the reviewable decision.
(2)  Unless the contrary intention appears, a reference in this Part to a decision includes a reference to:
(a)  making, suspending, revoking or refusing to make an order, determination or decision,
(b)  giving, suspending, revoking or refusing to give a direction, approval, consent or permission,
(c)  issuing, suspending, revoking or refusing to issue an authorisation,
(d)  imposing a condition,
(e)  making a declaration, demand or requirement,
(f)  retaining, or refusing to deliver up, a thing, or
(g)  doing or refusing to do any other act or thing.
(3)  In this section person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it, in which case it means the owner of the thing.
Note.
 Decisions under the regulations that will be reviewable decisions will be set out in the regulations.
Division 2 Internal review
224   Application for internal review
(1)  An eligible person in relation to a reviewable decision, other than a decision made by the regulator or a delegate of the regulator, may apply to the regulator for review (an internal review) of the decision within:
(a)  the prescribed time after the day on which the decision first came to the eligible person’s notice, or
(b)  such longer period as the regulator allows.
(2)  The application must be made in the manner and form required by the regulator.
(3)  For the purposes of this section, the prescribed time is:
(a)  in the case of a decision to issue an improvement notice the period specified in the notice for compliance with the notice or 14 days, whichever is the lesser, and
(b)  in any other case, 14 days.
225   Internal reviewer
(1)  The regulator may appoint a person or body to review decisions on applications under this Division.
(2)  The person who made the decision cannot be an internal reviewer in relation to that decision.
226   Decision of internal reviewer
(1)  The internal reviewer must review the reviewable decision and make a decision as soon as is reasonably practicable and within 14 days after the application for internal review is received.
(2)  The decision may be:
(a)  to confirm or vary the reviewable decision, or
(b)  to set aside the reviewable decision and substitute another decision that the internal reviewer considers appropriate.
(3)  If the internal reviewer seeks further information from the applicant, the 14-day period ceases to run until the applicant provides the information to the internal reviewer.
(4)  The applicant must provide the further information within the time (being not less than 7 days) specified by the internal reviewer in the request for information.
(5)  If the applicant does not provide the further information within the required time, the decision is taken to have been confirmed by the internal reviewer at the end of that time.
(6)  If the reviewable decision is not varied or set aside within the 14-day period, the decision is taken to have been confirmed by the internal reviewer.
227   Decision on internal review
As soon as practicable after reviewing the decision, the internal reviewer must give the applicant in writing:
(a)  the decision on the internal review, and
(b)  the reasons for the decision.
228   Stays of reviewable decisions
(1)  An application for an internal review of a reviewable decision (other than a decision to issue a prohibition notice or a non-disturbance notice) stays the operation of the decision.
(2)  If an application is made for internal review of a decision to issue a prohibition notice or a non-disturbance notice, the reviewer may stay the operation of the decision.
(3)  The reviewer may make the decision to stay the operation of a decision on the reviewer’s own initiative or on the application of the applicant for review.
(4)  The reviewer must make a decision on an application for a stay within one working day after the reviewer receives the application.
(5)  If the reviewer has not made a decision to stay a decision within the time set out in subsection (4), the reviewer is taken to have made a decision to grant a stay.
(6)  A stay of the operation of a decision pending a decision on an internal review continues until whichever of the following is the earlier:
(a)  the end of the prescribed period for applying for an external review of the decision made on the internal review,
(b)  an application for external review is made.
Division 3 External review
229   Application for external review
(1)  An eligible person may apply to the Industrial Relations Commission for review (an external review) of:
(a)  a reviewable decision made by the regulator, or
(b)  a decision made, or taken to have been made, on an internal review.
(2)  The application must be made:
(a)  if the decision was to forfeit a thing (including a document), within 28 days after the day on which the decision first came to the applicant’s notice, or
(b)  in the case of any other decision, within 14 days after the day on which the decision first came to the applicant’s notice, or
(c)  if the regulator is required by the Industrial Relations Commission to give the eligible person a statement of reasons, within 14 days after the day on which the statement is provided.
(3)  The Industrial Relations Commission may stay the operation of a decision that is the subject of an external review pending a decision on the review.
(4)  The Industrial Relations Commission may, on an external review, confirm, vary or revoke the decision concerned.