Application for workplace protection order
6 Application for workplace protection order
Subject to this section, any of the following persons may apply to the Court for a workplace protection order in relation to a workplace:
an employer at the workplace;
the owner or occupier of the premises in which the workplace is situated;
a representative of an employer association of which an employer at the workplace is a member;
a health and safety representative for the workplace;
a union entitled to represent the industrial interests of workers at the workplace.
When an application for a workplace protection order has been received in the Court, the Court must fix a date for a preliminary conference unless—
an interim workplace protection order is sought; or
the Court is satisfied, on application or its own initiative, that—
holding a preliminary conference would create an unacceptable risk to a person's safety; or
a preliminary conference would be unlikely to achieve its objects.
If the Court does not fix a date for a preliminary conference under subsection (2), the Court must fix a date for the hearing of the application which, if an interim workplace protection order is sought, must be returned before the Court as a matter of priority, as far as is practicable.
The Court must, on fixing a date for a preliminary conference or for the hearing of an application, issue a summons for the appearance of the defendant on the date fixed.
A summons for the appearance of the defendant must be served on the defendant—
personally; or
in some other manner as may be authorised by the Court.
This Act’s bill:Second reading speech
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