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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 127 Which decisions are reviewable

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 127

Which decisions are reviewable

    (1)     The following table sets out—

        (a)     decisions made under this Act that are reviewable in accordance with this Part ( reviewable decisions ); and

        (b)     who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision).

    (2)     To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Act.

Note

Under section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision.



Item

Provision under which reviewable decision is made

Eligible person in relation to reviewable decision

1.

Section 45 (determination of unresolved particulars concerning designated work groups)

(1)     An employee whose interests are affected by the decision.

(2)     An employer whose interests are affected by the decision.

2.

Section 54(4)(b) (appointment by an inspector of a person to conduct an election of a health and safety representative)

(1)     An employee whose interests are affected by the decision.

(2)     An employer whose interests are affected by the decision.



Item

Provision under which reviewable decision is made

Eligible person in relation to reviewable decision

3.

Section 63(3)(b) (decision to affirm or cancel a provisional improvement notice)

(1)     The person to whom the provisional improvement notice was issued.

(2)     The health and safety representative who issued the provisional improvement notice.

(3)     A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.

(4)     An employee whose interests are affected by the decision.

(5)     An employer whose interests are affected by the decision.

4.

Section 75(4)(b) (determination that there was reasonable cause for employees to be concerned for their health or safety)

(1)     An employee whose interests are affected by the decision.

(2)     An employer whose interests are affected by the decision.

(3)     A health and safety representative whose direction under section 74 to cease work gave rise to the decision.

5.

Section 108(2) (terms and conditions on the return of seized things)

(1)     The owner of the seized thing.

(2)     A person who has an interest in the seized thing.

(3)     Any other person whose interests are affected by the decision.



Item

Provision under which reviewable decision is made

Eligible person in relation to reviewable decision

6.

Section 109(1) (forfeiture of seized things)

(1)     A person to whom a notice of forfeiture is issued under section 109(2).

(2)     A person who has an interest in the seized thing.

(3)     Any other person whose interests are affected by the decision.

7.

Section 110(1) (issue of a non-disturbance notice)

(1)     The person to whom the non‑disturbance notice is issued.

(2)     A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.

(3)     An employee whose interests are affected by the decision.

(4)     An employer whose interests are affected by the decision.

8.

Section 111(1) (issue of an improvement notice)

(1)     The person to whom the improvement notice is issued.

(2)     A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.

(3)     An employee whose interests are affected by the decision.

(4)     An employer whose interests are affected by the decision.



Item

Provision under which reviewable decision is made

Eligible person in relation to reviewable decision

9.

Section 111(3)(a) (certification that matters the subject of an improvement notice have been remedied)

(1)     The person to whom the improvement notice was issued.

(2)     A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.

(3)     An employee whose interests are affected by the decision.

(4)     An employer whose interests are affected by the decision.

10.

Section 112(1) (issue of a prohibition notice)

(1)     The person to whom the prohibition notice is issued.

(2)     A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.

(3)     An employee whose interests are affected by the decision.

(4)     An employer whose interests are affected by the decision.

(5)     A health and safety representative whose direction under section 74 to cease work gave rise to the decision.



Item

Provision under which reviewable decision is made

Eligible person in relation to reviewable decision

11.

Section 112(1) (certification that matters the subject of a prohibition notice have been remedied)

(1)     The person to whom the prohibition notice was issued.

(2)     A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.

(3)     An employee whose interests are affected by the decision.

(4)     An employer whose interests are affected by the decision.

(5)     A health and safety representative whose direction under section 74 to cease work gave rise to the decision.

12.

Section 114 (variation or cancellation of a non‑disturbance notice, improvement notice or prohibition notice)

(1)     The person to whom the notice concerned was issued.

(2)     A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.

(3)     An employee whose interests are affected by the decision.

(4)     An employer whose interests are affected by the decision.

(5)     In the case of a prohibition notice, a health and safety representative whose direction under section 74 to cease work gave rise to the notice.



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