Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
decision means —
(a) a
decision made under these regulations by the Commissioner himself or herself;
and
(b) a
determination of the Commissioner under regulation 2.15(3),
but does not include a decision made by a person
acting as a delegate of the Commissioner.
(2) A person who is
not satisfied with a decision may, within 14 days of receiving notice of
the decision and in the form of Form 6 in Schedule 2 refer the decision
to a safety and health magistrate for review setting out the grounds upon
which a review of the decision is sought and giving to the Commissioner a copy
of the reference.
(3) On reference of a
decision to a safety and health magistrate for review under this regulation,
the safety and health magistrate is to inquire into the circumstances relevant
to the decision and may —
(a)
affirm the decision;
(b) set
aside the decision; or
(c)
substitute for the decision any decision that the safety and health magistrate
considers the Commissioner should have made in the first instance,
and the determination
of the matter by the safety and health magistrate is to be final.