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

Schedule 1

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



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