Australian Capital Territory Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 35 OF 2011) - SECT 90

    (1)     This section applies if a health and safety representative reasonably believes that a person—

        (a)     is contravening a 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.

Note     A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).

    (2)     The health and safety representative may issue a provisional improvement notice requiring the person to—

        (a)     remedy the contravention; or

        (b)     prevent a likely contravention from occurring; or

        (c)     remedy the things or operations causing the contravention or likely contravention.

    (3)     However, the health and safety representative must not issue a provisional improvement notice to a person unless he or she has first consulted the person.

    (4)     A health and safety representative cannot issue a provisional improvement notice unless the representative has—

        (a)     completed initial training prescribed by regulation referred to in section 72 (1) (b) (Obligation to train health and safety representatives); or

        (b)     previously completed that training when acting as a health and safety representative for another work group; or

        (c)     completed training equivalent to that training under a corresponding WHS law.

    (5)     A health and safety representative cannot issue a provisional improvement notice in relation to a matter if an inspector has already issued (or decided not to issue) an improvement notice or prohibition notice in relation to the same matter.