Appeals concerning OHS inspections etc.—decisions subject to appeal
80A Appeals concerning OHS inspections etc.—decisions subject to appeal
Scope
The following table has effect in relation to a decision by a NOPSEMA inspector:
in any case—in conducting an OHS inspection; or
for items 4 to 8 of the table—in relation to the issue of a do not disturb notice, a prohibition notice or an improvement notice under section 602E (after entering premises under Part 3 of the Regulatory Powers Act as applied under Division 1 of Part 6.5 of this Act).
Decisions subject to appeal | ||
|---|---|---|
Item | If the inspector makes the following decision … | the following persons may appeal against the decision to the reviewing authority by written notice … |
1 | A decision to confirm or vary a provisional improvement notice, under clause 39 | (a) a person to whom the provisional improvement notice was issued under subclause 38(2); (b) the operator of the facility; (c) a titleholder, if the notice relates to the titleholder’s well‑related obligations; (d) an employer, if affected by the decision; (e) a relevant health and safety representative; (f) a relevant workforce representative, if requested by a member of the workforce affected by the decision; (g) a person who owns any workplace, plant, substance or thing to which the decision relates. |
2 | A decision to cancel a provisional improvement notice, under clause 39 | (a) a relevant health and safety representative; (b) a relevant workforce representative, if requested by a member of the workforce affected by the decision. |
3 | A decision to take possession of plant, a substance or thing, or to take a sample, under clause 75 | (a) the operator of the facility; (b) a titleholder, if the reasons stated in the notice under subclause 75(2) relate to the titleholder’s well‑related obligations; (c) an employer, if affected by the decision; (d) a relevant health and safety representative; (e) a relevant workforce representative, if requested by a member of the workforce affected by the decision; (f) a person who owns the workplace, plant, substance or thing. |
4 | Either of the following: (a) a decision to issue a do not disturb notice, under clause 76; (b) a decision to exercise the corresponding power under section 602E. | (a) the operator of the facility; (b) a titleholder, if the notice is issued to the titleholder; (c) an employer, if affected by the decision; (d) a relevant health and safety representative; (e) a relevant workforce representative, if requested by a member of the workforce affected by the decision; (f) a person who owns the workplace, plant, substance or thing. |
5 | Either of the following: (a) a decision to issue a prohibition notice, under clause 77; (b) a decision to exercise the corresponding power under section 602E. | (a) the operator of the facility; (b) a titleholder, if the notice is issued to the titleholder; (c) an employer, if affected by the decision; (d) a relevant health and safety representative; (e) a relevant workforce representative, if requested by a member of the workforce affected by the decision. |
6 | Either of the following: (a) a decision that an operator of a facility, or a titleholder, to whom a prohibition notice has been issued has not taken adequate action to remove a threat to health and safety, for the purposes of subclause 77A(6); (b) a corresponding decision in relation to the exercise of the corresponding power under section 602E. | (a) the operator of the facility; (b) a titleholder, if the notice is issued to the titleholder; (c) an employer, if affected by the decision; (d) a relevant health and safety representative; (e) a relevant workforce representative, if requested by a member of the workforce affected by the decision. |
7 | Either of the following: (a) a decision that an operator of a facility, or a titleholder, to whom a prohibition notice has been issued has taken adequate action to remove a threat to health and safety, for the purposes of subclause 77A(8); (b) a corresponding decision in relation to the exercise of the corresponding power under section 602E. | (a) a relevant health and safety representative; (b) a relevant workforce representative, if requested by a member of the workforce affected by the decision. |
8 | Either of the following: (a) a decision to issue an improvement notice, under clause 78; (b) a decision to exercise the corresponding power under section 602E. | (a) the operator of the facility; (b) the titleholder, if the notice is issued to the titleholder; (c) any other person to whom the notice is issued; (d) an employer, if affected by the decision; (e) a relevant health and safety representative; (f) a relevant workforce representative, if requested by a member of the workforce affected by the decision; (g) a person who owns any workplace, plant, substance or thing to which the decision relates. |
In this clause:
relevant health and safety representative, in relation to a decision, means the health and safety representative for a designated work group having a member affected by the decision.
relevant workforce representative, in relation to a member of the workforce affected by a decision, means:
a workforce representative in relation to a designated work group, if the member of the workforce is a group member; or
if there is no designated work group in relation to the member of the workforce—any workforce representative in relation to the member.
104 Clause 81 of Schedule 3 (heading)
Repeal the heading, substitute:
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