Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Division 4 General requirements applying to notices
202 Application of Division
In this Division, notice means improvement notice, prohibition notice or non-disturbance notice.
203 Notice to be in writing
A notice must be in writing.
204 Directions in notices
A direction included in an improvement notice or prohibition notice may:(a) refer to a code of practice, and(b) offer the person to whom it is issued a choice of ways in which to remedy the contravention.
205 Recommendations in notice
(1) An improvement notice or prohibition notice may include recommendations.(2) It is not an offence to fail to comply with recommendations in a notice.
206 Changes to notice by inspector
(1) An inspector may make minor changes to a notice:(a) for clarification, or(b) to correct errors or references, or(c) to reflect changes of address or other circumstances.(2) An inspector may also, in accordance with section 194, extend the compliance period for an improvement notice.
207 Regulator may vary or cancel notice
Except as provided in section 206, a notice issued by an inspector may only be varied or cancelled by the regulator.
208 Formal irregularities or defects in notice
A notice is not invalid only because of:(a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice, or(b) a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued or given to the person in accordance with section 209.
209 Issue and giving of notice
(1) A notice may be issued or given to a person:(a) by delivering it personally to the person or sending it by post or facsimile or electronic transmission to the person’s usual or last known place of residence or business, or(b) by leaving it for the person at the person’s usual or last known place of residence or business with a person who appears to be over 16 years and who appears to reside or work there, or(c) by leaving it for the person at the workplace to which the notice relates with a person who is or appears to be the person with management or control of the workplace, or(d) in a prescribed manner.(2) The regulations may prescribe:(a) the manner of issuing a notice, and(b) the steps a person to whom a notice is issued must take to bring it to the attention of other persons.
210 Display of notice
(1) A person to whom a notice is issued must, as soon as possible, display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being carried out that is affected by the notice.Maximum penalty:(a) in the case of an individual—$5,000, or(b) in the case of a body corporate—$25,000.(2) A person must not intentionally remove, destroy, damage or deface a notice displayed under subsection (1) while the notice is in force.Maximum penalty:(a) in the case of an individual—$5,000, or(b) in the case of a body corporate—$25,000.