OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 115 Issue of notices
OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 115
Issue of notices(1) A non-disturbance notice, improvement notice or prohibition notice may be issued to a person by—
(a) delivering it personally to the person or sending it by post or facsimile to the person's usual or last known place of residence or business; or
(b) leaving it for the person at the person's usual or last known place of residence or business with a person who is apparently over 16 years and who apparently resides or works there; or
S. 115(1)(c) amended by No. 48/2017 s. 19(1).
(c) leaving it for the person at the workplace to which the notice relates with a person who is apparently over 16 years and who apparently is the occupier for the time being of the workplace; or
S. 115(1)(d) inserted by No. 48/2017 s. 19(2), amended by No. 36/2021 s. 18(2).
(d) if the person to whom the notice is to be issued is not a body corporate, sending it by electronic communication to the person at the person's usual or last known electronic address; or
S. 115(1)(e) inserted by No. 48/2017 s. 19(2).
(e) if the person is an employer registered under section 434 of the Workplace Injury Rehabilitation and Compensation Act 2013 , sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority.
S. 115(1A) inserted by No. 48/2017 s. 19(3), substituted by No. 36/2021 s. 18(3).
(1A) In addition to subsection (1), if the person to whom a notice is to be issued is a body corporate, the notice may be issued by—
(a) delivering it personally to the head office, registered office or principal place of business of the body corporate; or
(b) sending it by post to the head office, registered office or principal place of business of the body corporate; or
(c) sending it by electronic communication to an employee, agent or officer of the body corporate.
S. 115(1B) inserted by No. 48/2017 s. 19(3), amended by No. 49/2018 s. 21(1).
(1B) Subject to subsection (1C), this section is in addition to, and not in derogation from, the Interpretation of Legislation Act 1984 , the Electronic Transactions (Victoria) Act 2000 and sections 109X and 601CX of the Corporations Act.
S. 115(1C) inserted by No. 49/2018 s. 21(2), amended by No. 36/2021 s. 18(4).
(1C) Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to the issue of a notice by electronic communication under this section.
(2) A person to whom a non-disturbance notice, improvement notice or prohibition notice is issued must as soon as possible—
(a) if the person is an employee, give a copy of the notice to his or her employer; or
(b) if the person is not an employee or is an employer who is given a copy of the notice in accordance with paragraph (a)—
(i) bring the notice to the attention of each other person whose work is affected by the notice; and
(ii) give a copy of the notice to each health and safety representative who represents employees whose work is affected by the notice; and
(iii) display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being performed that is affected by the notice.
Penalty: 5 penalty units for a natural person;
25 penalty units for a body corporate.