Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 63

Attendance of inspector at workplace after issue of provisional improvement notice

63. Attendance of inspector at workplace after issue of provisional
improvement notice



(1) Within 7 days after a provisional improvement notice is issued to a
person-

   (a)  the person to whom it was issued; or

   (b)  if the person is an employee, his or her employer-

may ask the Authority to arrange for an inspector to attend at the workplace
to enquire into the circumstances the subject of the notice.

(2) The Authority must ensure that an inspector attends the workplace as soon
as possible after the request is made and before the day specified in the
notice as being the day by which the notice must be complied with.

(3) The inspector must, as soon as possible-

   (a)  enquire into the circumstances the subject of the provisional
        improvement notice; and

   (b)  affirm (with or without modifications) or cancel the provisional
        improvement notice by giving written notice to the health and safety
        representative who issued it and the person to whom it was issued.

(4) The inspector may perform any of his or her functions or exercise any of
his or her powers under this Act that the inspector considers reasonably
necessary in the circumstances.



(5) A notice under subsection (3)(b) must set out-

   (a)  the basis for the inspector's decision to affirm or cancel the
        provisional improvement notice; and

   (b)  if the provisional improvement notice is affirmed, the penalty for
        contravening that notice; and

   (c)  how the person may seek review of the inspector's decision.

(6) A person to whom a provisional improvement notice was issued that is
affirmed by an inspector under this section must comply with the provisional
improvement notice.

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

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