Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 41

41. (1) An investigator who is a member of the staff of the Commission may, at
any time, conduct an investigation:

   (a)  to ascertain whether the requirements of, or any requirements properly
        made under, the Act or the regulations are being complied with; or

   (b)  concerning a contravention or possible contravention of this Act or
        the regulations; or

   (c)  concerning an accident or dangerous occurrence that has happened in
        the performing of work for an employer.

(2) The Commission may direct an investigator who is not a member of the staff
of the Commission to conduct an investigation:

   (a)  to ascertain whether the requirements of, or any requirements properly
        made under, the Act or the regulations are being complied with; or

   (b)  concerning a contravention or possible contravention of this Act or
        the regulations; or

   (c)  concerning an accident or dangerous occurrence that has happened in
        the performing of work for an employer; and the investigator must,
        unless the Commission revokes the direction, conduct an investigation
        accordingly.

(3) The Commission may, in writing, direct an investigator, whether a member
of the staff of the Commission or not, to conduct an investigation concerning
the occupational health and safety policies and practices of a Department or
Commonwealth authority, and the investigator must, unless the Commission
revokes the direction, conduct an investigation accordingly.

(4) Before giving a direction under subsection (3), the Commission must inform
the Secretary of the Department, or the chief executive officer of the
Commonwealth authority, as the case may be, of:

   (a)  the fact that an investigation of the Department or authority is to be
        conducted; and

   (b)  the subject matter of the proposed investigation.

(5) An involved union may make a request to an investigator or to the
Commission that an investigation be conducted at a workplace, being a
workplace at which an employee, who is a member of the union, performs work
for an employer.