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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 25 November 2017 at 12:55)
Part 5 Division 7 Section 90
90   Provisional improvement notices
(1)  This section applies if a health and safety representative reasonably believes that a person:
(a)  is contravening a provision of this Act, or
(b)  has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated.
(2)  The health and safety representative may issue a provisional improvement notice requiring the person to:
(a)  remedy the contravention, or
(b)  prevent a likely contravention from occurring, or
(c)  remedy the things or operations causing the contravention or likely contravention.
(3)  However, the health and safety representative must not issue a provisional improvement notice to a person unless he or she has first consulted the person.
(4)  A health and safety representative cannot issue a provisional improvement notice unless the representative has:
(a)  completed initial training prescribed by the regulations referred to in section 72 (1) (b), or
(b)  previously completed that training when acting as a health and safety representative for another work group, or
(c)  completed training equivalent to that training under a corresponding WHS law.
(5)  A health and safety representative cannot issue a provisional improvement notice in relation to a matter if an inspector has already issued (or decided not to issue) an improvement notice or prohibition notice in relation to the same matter.