WORK HEALTH AND SAFETY ACT 2011 - SECT 90
Provisional improvement notices
WORK HEALTH AND SAFETY ACT 2011 - SECT 90
Provisional improvement notices
90 Provisional improvement notices
(1) This section applies if a health and safety representative reasonably
believes that a person—
(a) is contravening a provision of this Act; or
(b)
has contravened a provision of this Act in circumstances that make it likely
that the contravention will continue or be repeated.
(2) The health and
safety representative may issue a provisional improvement notice requiring the
person to—
(a) remedy the contravention; or
(b) prevent a likely
contravention from occurring; or
(c) remedy the things or operations causing
the contravention or likely contravention.
(3) However, the health and safety
representative must not issue a provisional improvement notice to a person
unless he or she has first consulted the person.
(4) A health and safety
representative can not issue a provisional improvement notice unless the
representative has—
(a) completed initial training prescribed by regulation
under section 72(1) ; or
(b) previously completed that training when acting
as a health and safety representative for another work group; or
(c)
completed training equivalent to that training under a corresponding WHS law.
(5) A health and safety representative can not issue a provisional improvement
notice in relation to a matter if an inspector has already issued (or decided
not to issue) an improvement notice or prohibition notice in relation to the
same matter.