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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 24 April 2017 at 17:29)
Part 9 Division 4
Division 4 Damage and compensation
182   Damage etc to be minimised
In the exercise, or purported exercise, of a compliance power, an inspector must take all reasonable steps to ensure that the inspector, and any assistant to the inspector, cause as little inconvenience, detriment and damage as is practicable.
183   Inspector to give notice of damage
(1)  This section applies if an inspector or an assistant to an inspector damages a thing when exercising or purporting to exercise a compliance power.
(2)  The inspector must, as soon as practicable, give written notice of the damage to the person who the inspector believes on reasonable grounds, is the person in control of the thing.
(3)  If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or assistant’s control, the inspector may state it in the notice.
(4)  If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.
(5)  This section does not apply to damage the inspector reasonably believes is trivial.
184   Compensation
(1)  A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under Division 3 of this Part.
(2)  Compensation may be claimed and ordered in a proceeding:
(a)  brought in a court of competent jurisdiction, or
(b)  for an offence against this Act brought against the person claiming compensation.
(3)  The court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
(4)  The regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.