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WORK HEALTH AND SAFETY ACT 2011 - SECT 67D Applications decided on the papers

WORK HEALTH AND SAFETY ACT 2011 - SECT 67D

Applications decided on the papers

67D Applications decided on the papers

(1) This section applies if the commission decides to decide the application after a consideration of the documents filed and without a hearing.
(2) The commission must give the applicant and the representative a written notice stating—
(a) the commission is considering whether to disqualify the representative for a period or indefinitely (the
"proposed action" ); and
(b) the reason for the proposed action; and
(c) if the proposed action is disqualification for a period—the proposed suspension period; and
(d) an invitation—
(i) to the representative to show in writing, within a stated time of at least 14 days after the date of the notice, why the proposed action should not be taken; and
(ii) to the applicant to comment in writing, within a stated time of at least 14 days after the date of the notice, on the appropriateness of the proposed action.
(3) The commission may take action under section 65 (3) after considering all documents filed in the application and all written submissions made within the time allowed under subsection (2) (d) .
(4) Under section 65 (3) , the commission may—
(a) if the proposed action is to disqualify the representative for a period—disqualify the representative for a stated period that is no longer than the proposed disqualification period; or
(b) if the proposed action is to disqualify the representative for an indefinite period—disqualify the representative indefinitely or for a period.