Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 45

45. (1) In conducting an investigation, an investigator may, if he or she is
satisfied that it is reasonably necessary to give a direction under this
subsection in order to:

   (a)  remove an immediate threat to the health or safety of any person; or

   (b)  allow the inspection, examination or taking of measurements of, or
        conducting of tests concerning, a workplace or any plant, substance or
        thing at a workplace; direct, by written notice given to the person
        who is for the time being in charge of operations at the workplace,
        that the person ensure that:

   (c)  a particular workplace, or a specified part of a particular workplace;
        or

   (d)  particular plant, or a particular substance or thing; not be disturbed
        for the period, specified in the direction, that is, in the
        investigator's opinion, necessary in order to remove the threat or to
        allow the inspection, examination, measuring or testing to take place.

(2) The direction may be renewed by the giving of another direction under
subsection (1) in the same terms.

(3) Where an investigator gives a notice to a person under subsection (1),
that person must cause the notice to be displayed in a prominent place at the
workplace:

   (a)  that is, or a specified part of which is, under the notice, to be left
        undisturbed; or

   (b)  at which the plant, substance or thing that is, under the notice, to
        be left undisturbed, is located.

(4) As soon as is reasonably practicable after giving the direction, the
investigator must take all reasonable steps to notify:

   (a)  where the workplace, plant, substance or thing to which the direction
        relates is owned by a person other than an employer - that person; and

   (b)  if there is a health and safety representative for a designated work
        group in which there is included an employee performing work:

        (i)    at a workplace or a part of a workplace; or

        (ii)   involving the plant, substance or thing; to which the direction
               relates - that representative; of the giving of the direction
               and the reasons for giving the direction.

(5) An employer who has control over the workplace, plant, substance or thing
to which the direction relates, and whose employees use the workplace, plant,
substance or thing in the performance of work for the employer, must ensure
the direction is complied with.
Penalty: in the case of a Government business enterprise - $25,000.

(6) The direction must include the reasons for the giving of the direction.