Dangerous Substances Act 2004

If the work health and safety commissioner takes disciplinary action against a licensee or former licensee, the work health and safety commissioner may publish the following information in a way that the work health and safety commissioner considers appropriate:

particulars that allow the public to identify the licensee or former licensee;

details of the disciplinary action;

an outline of why the disciplinary action was taken;

any other information in relation to the disciplinary action and the safety of the dangerous substance concerned that the work health and safety commissioner considers appropriate.

Examples of publication

1 a press release

2 an article in a document published by the Territory or a territory authority

3 an advertisement in a newspaper circulating in the ACT

4 a public notice

Examples for par (a)

1 the licensee’s name and ACN (if any)

2 any name (and, if relevant, ACN) used in the past by the licensee

3 the licensee’s current and previous business addresses

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

However, the information may be published only if—

the time for any review or appeal in relation to the disciplinary action has ended and no application for review or appeal has been made; or

an application for review or appeal has been made and—

the application is withdrawn, struck out or discontinued or lapses; or

the disciplinary action is confirmed on review and the time for appeal has ended without an application for an appeal being made.

If the disciplinary action is set aside on review or appeal, the information must not be published.

If the disciplinary action is changed on review or appeal (for example, different disciplinary action is substituted), this section applies in relation to the action as changed.

For the Civil Law (Wrongs) Act 2002, section 139 (Defences of fair report of proceedings of public concern), the information published by the work health and safety commissioner under this section about disciplinary action is taken to be a fair report of proceedings of public concern.

Chapter 5 Other serious offences

Part 5.1 Prohibited and controlled dangerous substances