Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 111

Power to issue improvement notice

111. Power to issue improvement notice



(1) If an inspector reasonably believes that a person-

   (a)  is contravening a provision of this Act or the regulations; or

   (b)  has contravened such a provision in circumstances that make it likely
        that the contravention will continue or be repeated-

the inspector may issue to the person an improvement notice requiring the
person to remedy the contravention or likely contravention or the matters or
activities causing the contravention or likely contravention.





(2) An improvement notice must-

   (a)  state the basis for the inspector's belief on which the issue of the
        notice is based; and

   (b)  specify the provision of this Act or the regulations that the
        inspector considers has been or is likely to be contravened; and

   (c)  specify a date (with or without a time) by which the person is
        required to remedy the contravention or likely contravention or the
        matters or activities causing the contravention or likely
        contravention, that the inspector considers is reasonable having
        regard to the severity of the risk to the health or safety of any
        person and the nature of the contravention or likely contravention;
        and

   (d)  set out the penalty for contravening the notice; and

   (e)  state how the person may seek review of the issue of the notice; and

   (f)  include a statement of the effect of section 117 (proceedings for
        offences not affected by notices).

(3) An improvement notice may include directions concerning the measures to be
taken to remedy the contravention or likely contravention, or the matters or
activities causing the contravention or likely contravention, to which the
notice relates and may, in particular, include-

   (a)  a direction that if the person has not remedied the contravention,
        likely contravention, matters or activities (as the case may be) by
        the date and time (if any) specified in the notice, an activity to
        which the notice relates is to cease until an inspector has certified
        in writing that the contravention, likely contravention, matters or
        activities have been remedied; and

   (b)  interim directions, or interim conditions on the carrying on of any
        activities to which the notice relates, that the inspector considers
        necessary to minimise risks to the health or safety of a person.

(4) A person to whom an improvement notice is issued must comply with the
notice.

Penalty: 500 penalty units for a natural person; 2500 penalty units for a body
corporate.

(5) An offence against subsection (4) is an indictable offence.

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).

(6) If an application for review of a decision under this section has been
made under Part 10, an inspector must not give a certificate under subsection
(3)(a) in relation to the improvement notice concerned until after the review
ends.