Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 112

Power to issue prohibition notice

112. Power to issue prohibition notice



(1) If an inspector reasonably believes that-

   (a)  an activity is occurring at a workplace that involves or will involve
        an immediate risk to the health or safety of a person; or

   (b)  an activity may occur at a workplace that, if it occurs, will involve
        an immediate risk to the health or safety of a person-

the inspector may issue to a person who has or appears to have control over
the activity a prohibition notice prohibiting the carrying on of the activity,
or the carrying on of the activity in a specified way, until an inspector has
certified in writing that the matters that give or will give rise to the risk
have been remedied.

(2) A prohibition notice must-

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

   (b)  specify the activity which the inspector believes involves or will
        involve the risk and the matters which give or will give rise to the
        risk; and

   (c)  if the inspector believes that the activity involves a contravention
        or likely contravention of a provision of this Act or the regulations,
        specify that provision and state the basis for that belief; 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) A prohibition notice may include directions on the measures to be taken to
remedy the risk, activities or matters to which the notice relates, or the
contravention or likely contravention mentioned in subsection (2)(c).

(4) A prohibition notice that prohibits the carrying on of an activity in a
specified way may do so by specifying one or more of the following-

   (a)  a workplace, or part of a workplace, at which the activity is not to
        be carried out;

   (b)  any thing that is not to be used in connection with the activity;

   (c)  any procedure that is not to be followed in connection with the
        activity.

(5) A person to whom a prohibition notice is issued must comply with the
notice.

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

(6) An offence against subsection (5) 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).

(7) 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
(1) in relation to the prohibition notice concerned until after the review
ends.