Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 85

Revocation and disqualification

85. Revocation and disqualification



(1) The Authority or an employer may apply to the Magistrates' Court for an
entry permit held by a person to be revoked because the person has-

   (a)  in exercising or purporting to exercise a power under this Part-

   (i)  intentionally hindered or obstructed an any employer or employee; or

   (ii) acted unreasonably or otherwise than for the purposes of exercising a
        power under this Part; or

   (b)  intentionally used or disclosed, for a purpose not reasonably
        connected with the exercise of a power under this Part, information
        that was acquired from any employer or employee.

(2) The applicant must give written notice of the application, setting out the
grounds for it, to the person who holds the entry permit and the registered
employee organisation concerned.

(3) The person who holds the entry permit and the registered employee
organisation are parties to the application.

(4) If the Magistrates' Court is satisfied on the balance of probabilities
about any of the matters in subsection (1)(a) or (b), it may make an order-

   (a)  revoking the entry permit; and

   (b)  if it considers it appropriate to do so, disqualifying the person from
        holding an entry permit for a specified period (of no more than 5
        years).

(5) In deciding what action to take under subsection (4), the Magistrates'
Court must take into account-

   (a)  the extent (if any) of harm, loss or damage caused; and

   (b)  the person's past record in exercising powers under this Part as an
        authorised representative.