Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an inspector
is of the opinion that any person —
(a) is
contravening any provision of this Act; or
(b) has
contravened a provision of this Act in circumstances that make it likely that
the contravention will continue or be repeated,
the inspector may
issue to the person an improvement notice requiring the person to remedy the
contravention or likely contravention or the matters or activities occasioning
the contravention or likely contravention.
(2) An improvement
notice shall —
(a)
state that the inspector is of the opinion that the person —
(i)
is contravening a provision of this Act; or
(ii)
has contravened a provision of this Act in circumstances
that make it likely that the contravention will continue or be repeated;
(b)
state reasonable grounds for forming that opinion;
(c)
specify the provision of this Act in respect of which that opinion is held;
(d)
specify the time before which the person is required, to remedy the
contravention or likely contravention or the matters or activities occasioning
the contravention or likely contravention; and
(e)
contain a brief summary of how the right to have the notice reviewed, given by
sections 51 and 51A, may be exercised.
(3) A person, other
than the employer, issued with an improvement notice shall forthwith give the
notice, or a copy of it, to the employer, and where —
(a)
under subsection (1), an improvement notice is issued to an employer; or
(b)
under this subsection an improvement notice, or a copy thereof, is given to an
employer,
the employer shall
cause the notice, or a copy of it, to be displayed in a prominent place at or
near any workplace affected by the notice.
(3a) A person shall
not remove an improvement notice displayed under subsection (3) before
the requirements of that improvement notice have been satisfied.
(3b)
Subsection (3a) does not apply in respect of an improvement notice that
is suspended under section 51 or 51A or that has ceased to have effect.
(3c) If an improvement
notice is issued —
(a) to a
self-employed person in respect of a contravention of section 21; or
(b) to a
body corporate to which section 21B applies in respect of a contravention
of that section,
the person or body
shall comply with subsection (3) and (3d) as if the person or body were
an employer.
(3d) If an improvement
notice is modified by the Commissioner under section 51(5)(b), the
employer shall cause a copy of the Commissioner’s decision to be
displayed with the improvement notice, or a copy of it, as required by
subsection (3).
(4) Subject to
sections 51 and 51A, if a person —
(a) is
issued with an improvement notice; and
(b) does
not comply with the notice within the time specified in it,
the person commits an
offence.
(5) A person issued
with an improvement notice commits an offence if the Commissioner is not
notified forthwith upon the requirements of the improvement notice being
satisfied.
(6) If a person
contravenes subsection (3), (3a), (3c) or (3d), the person commits an
offence.
[Section 48 inserted by No. 43 of 1987
s. 13; amended by No. 30 of 1995 s. 35; No. 51 of 2004
s. 94 and 107.]