South Australian Consolidated Acts

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OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 42

42—Review of notices

        (1)         Any of the following persons, namely—

            (a)         an employer affected by an improvement notice or prohibition notice; or

            (b)         a person in relation to whose work or plant an improvement notice or a prohibition notice applies; or

            (c)         a health and safety representative who represents any employee whose work is affected by an improvement notice or a prohibition notice,

may apply to the President of the Industrial Court to have the notice or the actions of an inspector reviewed by a review committee.

        (2)         An application under subsection (1)(a) or (b) must be made by a person within 14 days of the receipt of the notice (or a copy of the notice) by the person.

        (3)         Pending the determination of an application for review under this section the operation of the notice to which the application relates will—

            (a)         in the case of an improvement notice—be suspended;

            (b)         in the case of a prohibition notice—continue.

        (4)         A review committee may if it thinks fit make an interim order suspending the operation of a prohibition notice until the matter is resolved.

        (5)         An order under subsection (4) must be made subject to such conditions as may be necessary to protect the health and safety of any person.

        (6)         Where a prohibition notice has been issued, the proceedings on a review under this section must be carried out as a matter of urgency.



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