223
CurrentWhich decisions are reviewable
Part 12Review of Decisions
Division 1Reviewable decisions
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); 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(6) (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. | ||
| 4A | Section 134 (decision of regulator to refuse to issue a WHS entry permit) | (1) | The relevant union. |
| (2) | The person for whom the WHS entry permit was sought. | ||
| 4B | Section 140 (decision to revoke, suspend or take other action in relation to a WHS entry permit) | (1) | The relevant union. |
| (2) | The person to whom the WHS entry permit was issued. | ||
| 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. |
Unless the contrary intention appears, a reference in this Part to a decision includes a reference to the following:making, suspending, revoking or refusing to make an order, determination or decision; giving, suspending, revoking or refusing to give a direction, approval, consent or permission; issuing, suspending, revoking or refusing to issue an authorisation; imposing a condition; making a declaration, demand or requirement; retaining, or refusing to deliver up, a thing; 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.
| Note |
| Decisions under the regulations that will be reviewable decisions will be set out in the regulations. |
Regulations
This provision refers to the regulations (the regulations
, prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory notesSecond reading speech
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