Australian Capital Territory Numbered Acts

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OCCUPATIONAL HEALTH AND SAFETY (AMENDMENT) ACT 1991 (NO. 11 OF 1991) - SECT 7

Substitution

7. Section 80 of the Principal Act is repealed and the following Division and heading are substituted:

Division 1—Review Authority

“80. There is established by this section a review authority called the Occupational Health and Safety Review Authority.

“80A. (1) The Review Authority shall be constituted by a member of the Commission appointed by the President.

“(2) Where—

        (a)     the person constituting the Authority for a proceeding ceases to be available to complete the proceeding; and

        (b)     in accordance with subsection (1) the Authority is reconstituted by another member of the Commission;

the reconstituted Authority shall complete the proceeding and, for that purpose, may have regard to any record of the Authority as previously constituted, including any transcript of evidence taken in the proceeding.

“80B. (1) Where the person constituting the Review Authority has any interest, pecuniary or otherwise, that could conflict with the proper performance of the person's functions in relation to a proceeding—

        (a)     the person shall disclose the interest to the parties to the proceeding; and

        (b)     unless all the parties to the proceeding consent, the person shall not take part or any further part in the proceeding.

“(2) Where the President directs the member who constitutes the Authority not to take part or any further part in a proceeding before the Authority, the member shall not act, or act further, in the proceeding.

Division 2—Reconsideration and review of decisions ”.



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