Australian Capital Territory Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY AMENDMENT ACT 2004 (NO. 29 OF 2004) - SECT 27

substitute

Schedule 1     Appeal rights

(see s 82)

Part 1.1     Internally reviewable decisions

column 1 item	column 2 decisions	column 3 eligible person
1	revoking a provisional improvement notice under section 55 (4)	(a)     the health and safety representative who gave the notice; or (b)     an involved union in relation to an employee whose work is affected by the notice
2	refusing to revoke a provisional improvement notice under section 55 (4)	(a)     the person to whom the notice was given; or (b)     an employer whose undertaking is adversely affected by the refusal
3	deciding to seize plant, a substance or thing under section 62J	(a)     the owner of, or a person with a property interest in, the plant, substance or thing; or (b)     an employer whose undertaking is adversely affected by the seizure
4	revoking, or refusing to revoke, a compliance agreement under section 75H (3)	(a)     a responsible person for contravention to which the compliance agreement relates; or (b)     an employer whose undertaking is adversely affected by the agreement
5	giving an improvement notice under section 76A	(a)     a responsible person for the contravention to which the improvement notice relates; or (b)     an employer whose undertaking is adversely affected by the notice
6	refusing to extend the compliance period for an improvement notice, or extending the period for less that the period asked for, under section 76D	(a)     the relevant responsible person for the compliance notice; or (b)     an employer whose undertaking is adversely affected by the notice
7	revoking an improvement notice under section 76G	(a)     the health and safety representative for a designated work group in which there is an employee whose work is affected by the notice; or (b)     if there is no health and safety representative for an employee whose work is affected by the notice—an employee whose work is affected by the notice; or (c)     an involved union in relation to an employee whose work is affected by the notice
8	refusing to revoke an improvement notice under section 76G	(a)     the relevant responsible person for the improvement notice; or (b)     an employer whose undertaking is adversely affected by the notice
9	giving a prohibition notice under section 77A	(a)     the relevant responsible person for the prohibition notice; or (b)     an employer whose undertaking is adversely affected by the notice
10	extending the relevant period for a prohibition notice under section 77D	(a)     the relevant responsible person for the prohibition notice; or (b)     an employer whose undertaking is adversely affected by the notice
11	refusing under section 77H (3) to agree to inspect a vehicle or equipment at a place other than where it was originally inspected	(a)     the owner of, or a person with a property interest in, the vehicle; or (b)     an employer whose undertaking is adversely affected by the refusal
12	revoking a prohibition notice under section 77I	(a)     the health and safety representative for a designated work group in which there is an employee whose work is affected by the notice; or (b)     if there is no health and safety representative for an employee whose work is affected by the notice—an employee whose work is affected by the notice; or (c)     an involved union in relation to an employee whose work is affected by the notice
13	refusing to revoke a prohibition notice under section 77I	(a)     the relevant responsible person for the prohibition notice; or (b)     an employer whose undertaking is adversely affected by the notice

Part 1.2     Reviewable decisions of commissioner

column 1 item	column 2 decisions	column 3 eligible person
1	establishing a designated work group under section 38 (1) or (2)	(a)     an involved union in relation to the designated work group; or (b)     an employer whose employee is in the designated work group
2	varying a designated work group under section 38 (3)	(a)     an involved union in relation to the designated work group; or (b)     an employer whose employee is in the designated work group
3	refusing to declare that section 39 applies to a site	the applicant for the declaration
4	disqualifying a health and safety representative under section 48 (1)	the person disqualified
5	revoking a provisional improvement notice under section 55 (4)	(a)     the health and safety representative who gave the notice; or (b)     an involved union in relation to an employee whose work is affected by the notice
6	refusing to revoke a provisional improvement notice under section 55 (4)	(a)     the person to whom the notice was given; or (b)     an employer whose undertaking is adversely affected by the refusal
7	deciding to seize plant, a substance or thing under section 62J	(a)     the owner of, or a person with a property interest in, the plant, substance or thing; or (b)     an employer whose undertaking is adversely affected by the seizure
8	revoking, or refusing to revoke, a compliance agreement under section 75H (3)	(a)     a responsible person for the contravention to which the compliance agreement relates; or (b)     an employer whose undertaking is adversely affected by the agreement
9	giving an improvement notice under section 76A	(a)     a responsible person for the contravention to which the improvement notice relates; or (b)     an employer whose undertaking is adversely affected by the notice
10	refusing to extend the compliance period for an improvement notice, or extending the period for less that the period asked for, under section 76D	(a)     the relevant responsible person for the compliance notice; or (b)     an employer whose undertaking is adversely affected by the notice
11	revoking an improvement notice under section 76G	(a)     the health and safety representative for a designated work group in which there is an employee whose work is affected by the notice; or (b)     if there is no health and safety representative for an employee whose work is affected by the notice—an employee whose work is affected by the notice; or (c)     an involved union in relation to an employee whose work is affected by the notice
12	refusing to revoke an improvement notice under section 76G	(a)     the relevant responsible person for the improvement notice; or (b)     an employer whose undertaking is adversely affected by the notice
13	giving a prohibition notice under section 77A	(a)     the relevant responsible person for the prohibition notice; or (b)     an employer whose undertaking is adversely affected by the notice
14	extending the relevant period for a prohibition notice under section 77D	(a)     the relevant responsible person for the prohibition notice; or (b)     an employer whose undertaking is adversely affected by the notice
15	refusing to reinspect a situation or circumstances under section 77H	the relevant responsible person for the prohibition notice
16	refusing under section 77H (3) to agree to inspect a vehicle or equipment at a place other than where it was originally inspected	(a)     the owner of, or a person with a property interest in, the vehicle; or (b)     an employer whose undertaking is adversely affected by the refusal
17	revoking a prohibition notice under section 77I	(a)     the health and safety representative for a designated work group in which there is an employee whose work is affected by the notice; or (b)     if there is no health and safety representative for an employee whose work is affected by the notice—an employee whose work is affected by the notice; or (c)     an involved union in relation to an employee whose work is affected by the notice
18	refusing to revoke a prohibition notice under section 77I	(a)     the relevant responsible person for the prohibition notice; or (b)     an employer whose undertaking is adversely affected by the notice
19	refusing to allow a longer period to make an application under section 83 for review of a decision	an eligible person for the decision
20	a decision on reconsideration under section 83A (2)	the applicant for reconsideration

Part 1.3     Reviewable decisions of chief executive

column 1 item	column 2 decisions	column 3 eligible person
1	disqualifying a person under section 57C (1)	the person disqualified
2	refusing to revoke a disqualification under section 57C (5)	the person disqualified
3	refusing to accept a safety undertaking under section 78B	the person who gave the undertaking
4	refusing to agree to the relevant person for an enforceable undertaking withdrawing from, or amending, the undertaking under section 78C	the relevant person for the undertaking
5	ending, or refusing to end, an enforceable undertaking under section 78D	the relevant person for the undertaking