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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 20 November 2017 at 02:46)
Part 10 Division 3
Division 3 Non-disturbance notices
198   Issue of non-disturbance notice
An inspector may issue a non-disturbance notice to the person with management or control of a workplace if the inspector reasonably believes that it is necessary to do so to facilitate the exercise of his or her compliance powers.
199   Contents of non-disturbance notice
(1)  A non-disturbance notice may require the person to:
(a)  preserve the site at which a notifiable incident has occurred for a specified period, or
(b)  prevent the disturbance of a particular site (including the operation of plant) in other circumstances for a specified period that is reasonable in the circumstances.
(2)  A non-disturbance notice must specify the period (of no more than 7 days) for which it applies and set out:
(a)  the obligations of the person to whom the notice is issued, and
(b)  the measures to be taken to preserve a site or prevent disturbance of a site, and
(c)  the penalty for contravening the notice.
(3)  In subsection (1) a reference to a site includes any plant, substance, structure or thing associated with the site.
(4)  A non-disturbance notice does not prevent any action:
(a)  to assist an injured person, or
(b)  to remove a deceased person, or
(c)  that is essential to make the site safe or to prevent a further incident, or
(d)  that is associated with a police investigation, or
(e)  for which an inspector has given permission.
200   Compliance with non-disturbance notice
(1)  A person must not, without reasonable excuse, refuse or fail to comply with a non-disturbance notice issued to the person.
Maximum penalty:
(a)  in the case of an individual—$50,000, or
(b)  in the case of a body corporate—$250,000.
(2)  Subsection (1) places an evidential burden on the accused to show a reasonable excuse.
201   Issue of subsequent notices
If an inspector considers it necessary to do so, he or she may issue one or more subsequent non-disturbance notices to a person, whether before or after the expiry of the previous notice, each of which must comply with section 199.