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OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 53
Report of investigation
53. (1) Where an investigator has conducted an investigation, the investigator
must, as soon as is reasonably practicable, prepare a written report relating
to the investigation and give the report to the Commission.
(2) The report must include:
(a) the investigator's conclusions from conducting the investigation and
the reasons for those conclusions; and
(b) any recommendations that the investigator wishes to make arising from
the investigation or those conclusions; and
(c) such other matters, if any, as are prescribed.
(3) As soon as is reasonably practicable after receiving the report, the
Commission must:
(a) give a copy of the report, together with any written comments that it
wishes to make, to the employer; and
(b) if it thinks it appropriate, give a copy of the report, together with
those comments (if any), to the responsible Minister in relation to
the employer.
(4) The Commission may, in writing, request the employer to provide to the
Commission, within a reasonable period specified in the request, particulars
of:
(a) any action that is proposed to be taken as a result of the conclusions
or recommendations contained in the report; and
(b) where a notice has been issued under section 46 or 47 in relation to
work being performed for the employer - any action that has been
taken, or that is proposed to be taken, in respect of that notice; and
the employer must comply with the request.
(5) As soon as is reasonably practicable after the receipt of a report, the
employer must give a copy of the report together with any written comment made
by the Commission relating to the report:
(a) if there is at least one health and safety committee established in
respect of some or all of the employer's employees to whose work the
report relates - to each such committee; and
(b) if there is no such committee established in respect of some or all of
the employer's employees to whose work the report relates, but some or
all of those employees (in respect of which there is no such
committee) are included in at least one designated work group for
which there is a health and safety representative - to each such
health and safety representative.
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