Work Health and Safety Regulation 2011

This section sets out the procedure for an inquiry.

The regulator must give a written notice to the person referred to in subsection (3)—

informing the person of the reasons for the inquiry; and

advising the person that the person may, by a specified date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the inquiry.

Notice under subsection (2) must be given—

for an inquiry about a facility in relation to which a notification has been given under section 536 (Operators of certain facilities must notify regulator) or section 537 (Notification—proposed facilities)—to the contact person identified in the notification; and

in any other case—to the operator of the facility.

The regulator must—

if the recipient of the notice has made a submission in relation to the inquiry—consider that submission; and

consult with interested persons including—

health and safety representatives at the facility; and

the emergency service organisations that have responsibility for the area in which the facility is located; and

any Commonwealth government department or agency, or territory authority or administrative unit, with a regulatory role in relation to major hazard facilities; and

decide whether or not to make a determination under section 541 or section 542 (Determination in relation to over‑threshold facility); and

if it decides to make a determination under section 541 or section 542—decide whether or not to make a determination in relation to the operator under section 543 (Suitability of facility operator).