Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 127

PART 10 REVIEW OF DECISIONS

Which decisions are reviewable

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.