Which decisions are reviewable
223 Which decisions are reviewable
The following table sets out:
decisions made under this Act that are reviewable in accordance with this Part (reviewable decisions);
and
who is eligible to apply for review of a reviewable decision (the
eligible person).
| Item | Provision under which reviewable decision is made | Eligible person in relation to reviewable decision |
| 1 | Section 54(2) (decision following failure to commence negotiations) | (1) A worker whose interests are affected by the decision or his or her representative appointed for the purpose of section 52(1)(b). |
| (2) A person conducting a business or undertaking whose interests are affected by the decision. | ||
| (3) A health and safety representative who represents a worker whose interests are affected by the decision. | ||
| 2 | Section 72(7) (decision in relation to training of health and safety representative) | (1) A person conducting a business or undertaking whose interests are affected by the decision. |
| (2) A health and safety representative whose interests are affected by the decision. | ||
| 3 | Section 76(6) (decision relating to health and safety committee) | (1) A worker whose interests are affected by the decision. |
| (2) A person conducting a business or undertaking whose interests are affected by the decision. | ||
| (3) A health and safety representative who represents a worker whose interests are affected by the decision. | ||
| 4 | Section 102 (decision on review of provisional improvement notice) | (1) The person to whom the provisional improvement notice was issued. |
| (2) The health and safety representative who issued the provisional improvement notice. | ||
| (3) A worker whose interests are affected by the decision. | ||
| (4) A health and safety representative who represents a worker whose interests are affected by the decision. | ||
| (5) A person conducting a business or undertaking whose interests are affected by the decision. | ||
| 5 | Section 179 (forfeiture of thing) | The person entitled to the thing. |
| 6 | Section 180 (return of seized things) | The person entitled to the thing. |
| 7 | Section 191 (issue of improvement notice) | (1) The person to whom the notice was issued. |
| (2) A person conducting a business or undertaking whose interests are affected by the decision. | ||
| (3) A worker whose interests are affected by the decision. | ||
| (4) A health and safety representative who represents a worker whose interests are affected by the decision. | ||
| 8 | Section 194 (extension of time for compliance with improvement notice) | (1) The person to whom the notice was issued. |
| (2) A person conducting a business or undertaking whose interests are affected by the decision. | ||
| (3) A worker whose interests are affected by the decision. | ||
| (4) A health and safety representative who represents a worker whose interests are affected by the decision. | ||
| 9 | Section 195 (issue of prohibition notice) | (1) The person to whom the notice was issued. |
| (2) The person with management or control of the workplace, plant or substance. | ||
| (3) A person conducting a business or undertaking whose interests are affected by the decision. | ||
| (4) A worker whose interests are affected by the decision. | ||
| (5) A health and safety representative who represents a worker whose interests are affected by the decision. | ||
| (6) A health and safety representative who gave a direction under section 85 to cease work, that is relevant to the prohibition notice. | ||
| 10 | Section 198 (issue of a non‑disturbance notice) | (1) The person to whom the notice was issued. |
| (2) The person with management or control of the workplace. | ||
| (3) A person conducting a business or undertaking whose interests are affected by the decision. | ||
| (4) A worker whose interests are affected by the decision. | ||
| (5) A health and safety representative who represents a worker whose interests are affected by the decision. | ||
| 11 | Section 201 (issue of subsequent notice) | (1) The person to whom the notice was issued. |
| (2) The person with management or control of the workplace. | ||
| (3) A person conducting a business or undertaking whose interests are affected by the decision. | ||
| (4) A worker whose interests are affected by the decision. | ||
| (5) A health and safety representative who represents a worker whose interests are affected by the decision. | ||
| 12 | Section 207 (decision of regulator to vary or cancel notice) | (1) The person to whom the notice was issued. |
| (2) The person with management or control of the workplace. | ||
| (3) A person conducting a business or undertaking whose interests are affected by the decision. | ||
| (4) A worker whose interests are affected by the decision. | ||
| (5) A health and safety representative who represents a worker whose interests are affected by the decision. | ||
| (6) In the case of a prohibition notice, a health and safety representative whose direction under section 85 to cease work gave rise to the notice. | ||
| 13 | A prescribed provision of the regulations | A person prescribed by the regulations as eligible to apply for review of the reviewable decision. |
A reference in the table in subsection (1) to a person conducting a business or undertaking or to a worker includes a representative of such a person or worker.
Unless the contrary intention appears, a reference in this Part to a decision includes a reference to—
making, suspending, revoking or refusing to make an order, determination or decision; or
giving, suspending, revoking or refusing to give a direction, approval, consent or permission; or
issuing, suspending, revoking or refusing to issue an authorisation; or
imposing a condition; or
making a declaration, demand or requirement; or
retaining, or refusing to deliver up, a thing; or
doing or refusing to do any other act or thing.
In this section—
person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it, in which case it means the owner of the thing.
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