Work Health and Safety Act 2011

This section applies if a health and safety representative reasonably believes that a person:

is contravening a provision of this Act; or

has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated.

The health and safety representative may issue a provisional improvement notice requiring the person to:

remedy the contravention; or

prevent a likely contravention from occurring; or

remedy the things or operations causing the contravention or likely contravention.

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.

A health and safety representative cannot issue a provisional improvement notice unless the representative has:

completed initial training prescribed by the regulations referred to in section 72(1)(b); or

previously completed that training when acting as a health and safety representative for another work group; or

completed training equivalent to that training under a corresponding WHS law.

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.