WORK HEALTH AND SAFETY ACT 2011 - SECT 223 Which decisions are reviewable
WORK HEALTH AND SAFETY ACT 2011 - SECT 223
Which decisions are reviewable(1) Table 223 sets out—
(a) decisions made under this Act that are reviewable in accordance with this part ( reviewable decisions ); and
(b) who is eligible to apply for review of a reviewable decision (the eligible person ).
(2) Unless the contrary intention appears, a reference in this part to a decision includes a reference to:
(a) making, suspending, revoking or refusing to make an order, determination or decision;
(b) giving, suspending, revoking or refusing to give a direction, approval, consent or permission;
(c) issuing, suspending, revoking or refusing to issue an authorisation;
(d) imposing a condition;
(e) making a declaration, demand or requirement;
(f) retaining, or refusing to deliver up, a thing;
(g) doing or refusing to do another act or thing.
(3) 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 regulation that will be reviewable decisions will be set out in the regulation.
Table 223 Reviewable decisions and eligible persons
|
column 1 item |
column 2 provision under which reviewable decision is made |
column 3 eligible person in relation to reviewable decision |
|---|---|---|
| 1 |
s 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 s 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 | s 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. |
| 2A |
s 72A (7) (decision in relation to training of health and safety representative) | (1) The principal contractor for a major construction project. (2) A health and safety representative whose interests are affected by the decision. |
| 3 | s 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. |
| 3A |
s 79A (7) (decision in relation to training of members of health and safety committee) | (1) The principal contractor for a major construction project. (2) A health and safety committee member whose interests are affected by the decision. |
| 4 |
(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 | (decision to refuse to issue a WHS permit) | (1) The relevant union. (2) The person for whom the entry permit is sought. |
| 6 | (decision to revoke, suspend or take other action in relation to a WHS entry permit) | (1) The relevant union. (2) The WHS permit-holder. |
7 | (forfeiture of thing) | The person entitled to the thing. |
8 | (return of seized things) | The person entitled to the thing. |
| 9 | (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. |
| 9A |
(issue of prohibited asbestos 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. |
| 9B | (extension of time for compliance with prohibited asbestos 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. |
| 10 | (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. |
| 11 | (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 s 85 to cease work, that is relevant to the prohibition notice. |
| 12 | (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. |
| 13 |
(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. |
| 14 | (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) For a prohibition notice, a health and safety representative whose direction under s 85 to cease work gave rise to the notice. |
| 15 | A provision of the regulation prescribed by regulation to be reviewable in accordance with this part. | A person prescribed by regulation as eligible to apply for review of the reviewable decision. |