Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 48

48. (1) Where an investigator, in conducting an investigation or having
conducted an investigation:

   (a)  decides, under section 29, to confirm or vary a provisional
        improvement notice; or

   (b)  decides, under section 44, to take possession of plant, a substance or
        a thing at a workplace; or

   (c)  decides, under section 45, to direct that a workplace, a part of a
        workplace, plant, a substance or a thing not be disturbed; or

   (d)  decides, under section 46, to issue a prohibition notice; or

   (e)  decides, under section 46, that an employer to whom a prohibition
        notice has been issued has not taken adequate action to remove the
        threat to health and safety that caused the notice to be issued; or

   (f)  decides, under section 47, to issue an improvement notice; an appeal
        against the decision may be made, by notice in writing, to the
        reviewing authority by:

   (g)  an employer affected by the decision; or

   (h)  a person to whom a notice has been issued under subsection 29 (2) or
        47 (1); or

   (j)  the health and safety representative for a designated work group in
        which is included an employee affected by the decision; or

   (k)  an involved union in relation to such a designated work group; or

   (m)  where there is no such designated work group - an involved union in
        relation to an employee of the employer, being an employee who is
        affected by the decision; or

   (n)  a person who owns any workplace, plant, substance or thing to which
        the decision referred to in paragraph (a), (b), (c) or (f) relates.

(2) Where an investigator, having conducted an investigation:

   (a)  decides, under section 29 to cancel a provisional improvement notice;
        or

   (b)  decides, under section 46, that an employer to which a prohibition
        notice has been issued has taken adequate action to remove the threat
        to health and safety that caused the notice to be issued; an appeal
        against a decision may be made, by notice in writing, to the
        reviewing authority by:

   (c)  the health and safety representative for a designated work group in
        which is included an employee affected by the decision; or

   (d)  an involved union in relation to such a designated work group; or

   (e)  where there is no such designated work group - an involved union in
        relation to an employee of the employer, being an employee who is
        affected by the decision.

(3) Subject to this section, the making of an appeal against a decision
referred to in subsection (1) or (2) does not affect the operation of the
decision or prevent the taking of action to implement the decision, except to
the extent that the reviewing authority makes an order to the contrary.

(4) Where the decision appealed against is a decision, under section 47, to
issue an improvement notice, the operation of the decision is suspended
pending determination of the appeal, except to the extent that the reviewing
authority makes an order to the contrary.

(5) Where the decision appealed against is a decision of an investigator,
under section 29, to confirm or vary a provisional improvement notice the
operation of which has been suspended pending the investigation of the matter
to which the notice relates by the investigator, the operation of the notice
is further suspended pending determination of the appeal, except to the extent
that the reviewing authority makes an order to the contrary.

(6) The reviewing authority may affirm or revoke the decision appealed against
under subsection (1) or (2) and may, if it revokes the decision, substitute
for the decision such other decision, being a decision of the kind appealed
against, as it thinks appropriate.

(7) Where the decision is varied, revoked or revoked with the substitution of
another decision, the decision is to be taken to have effect, and to always
have had effect, accordingly.

(8) Where the decision appealed against is a decision, under section 44, to
take possession of plant, substance or a thing at a workplace, and the
decision is not affirmed, the investigator who made the decision must ensure
that, to the extent that the decision is not affirmed, the plant, substance or
thing is returned to the workplace as soon as is reasonably practicable.