South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 49

49—Appeals

        (1)         A party to proceedings before a review committee may appeal to the Supreme Court against a decision of the committee in those proceedings.

        (2)         For the purposes of an appeal under this section, the Supreme Court may be constituted of a single Judge.

        (3)         An appeal under this section may be on a question of law or a question of fact.

        (4)         An appeal on a question of fact may only occur with the permission of the Supreme Court (which should only be granted where special reasons are shown).

        (5)         An appeal under this section must be instituted within 21 days of the decision appealed against unless the Supreme Court, in its discretion, allows a longer time for the institution of an appeal.

        (6)         Pending the determination of an appeal in a case where a prohibition notice has been issued, the operation of the prohibition notice will, subject to an order made under subsection (7), continue.

        (7)         The Supreme Court may if it thinks fit make an interim order suspending the operation of a prohibition notice pending the determination of an appeal.

        (8)         An order under subsection (7) must be made subject to such conditions as may be necessary to protect the health and safety of the employees to whom the prohibition notice relates.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]