South Australian Consolidated Acts South Australian Consolidated Acts (1) Where a
health and safety representative is of the opinion 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 be repeated,
the health and safety representative must consult with the employer in
relation to the matter.
(2) If the
health and safety representative and the employer are unable within a
reasonable time to resolve a particular matter pursuant to
subsection (1), the matter must, if there is a
health and safety committee that has responsibility in relation to the matter,
be referred to that committee or, if there is no such committee, the matter
may be referred to an inspector.
(3) Despite
subsections (1) and (2), if after taking reasonable steps to stop by
consultation a contravention of this Act or prevent a repeated contravention
of this Act the health and safety representative is of the opinion that the
matter has not been satisfactorily resolved, the health and safety
representative may issue a default notice requiring the person to whom the
notice is addressed to remedy the contravention.
(4) A
health and safety representative must not issue a default notice in relation
to any matter that is the subject of an improvement notice or a prohibition
notice.
Maximum penalty: Division 7 fine.
(5) Where a
health and safety representative issues a default notice, the notice
must—
(a)
state that the health and safety representative is of the opinion that a
person—
(i)
is contravening a provision of this Act; or
(ii)
has contravened a provision of this Act in circumstances
that make it likely that the contravention will be repeated; and
(b)
state the grounds of the health and safety representative's opinion.
(6) A
health and safety representative may specify in a default notice a day by
which the matters referred to in the notice must be remedied.
(7) Where a default
notice is issued to an employee, the employee must, as soon as is reasonably
practicable after receiving it, give the notice, or a copy of the notice, to
his or her employer.
Maximum penalty: Division 6 fine.
(8) Subject to
subsection (11), a person to whom a default notice is addressed or, where
that person is an employee, that person's employer, must take all reasonable
steps to remedy—
(a) if a
day has been specified under subsection (6)—by that day;
(b) if a
day has not been specified under subsection (6)—within a reasonable
time,
the matters referred to in the notice.
Maximum penalty: Division 3 fine.
(9) If—
(a) a
person to whom a default notice is addressed or, where that person is an
employee, that person's employer, considers that a default notice need not
have been issued or is, for some other reason, inappropriate; or
(b) a
health and safety representative—
(i)
considers that there has been unreasonable delay in
taking action under subsection (8); or
(ii)
is dissatisfied with the action taken under that
subsection in response to the notice,
an inspector may be requested to attend at the workplace.
(10) A request under
subsection (9)(a) must be made by a person within 14 days of the receipt
of the default notice (or a copy of the notice) by the person.
(11) Where an
inspector has been requested to attend at a workplace under
subsection (9)(a), the operation of the default notice is, pending the
attendance of the inspector, suspended.
(12) Where a default
notice is issued, the person to whom notice is addressed must, on receipt of
the notice (or a copy of the notice)—
(a)
bring the notice to the attention of any person whose work is affected by the
notice; and
(b)
display the notice or a copy of the notice in a prominent place at or near any
workplace that is affected by the notice; and
(c) keep
a copy of the notice for such period as may be prescribed.
Maximum penalty: Division 6 fine.
(13) A person must not
remove a notice or a copy of a notice displayed pursuant to
subsection (12) while the notice is in force.
Maximum penalty: Division 6 fine.
(14) A default notice
may be cancelled—
(a) at
any time, by the health and safety representative who issued the notice; or
(b) if
the health and safety representative is absent from the workplace and cannot
reasonably be contacted, by a health and safety committee that has
responsibilities in relation to the matter.