Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 52

    (1)     This section applies to—

        (a)     a responsible person in relation to whom a provisional improvement notice is in force; and

        (b)     if the responsible person is a worker, and the notice is in force in relation to work carried out by the person for an employer—the employer.

    (2)     A person to whom this section applies may ask the chief executive to arrange an inspection to investigate the circumstances relating to the issue of the provisional improvement notice—

        (a)     by written notice given to the chief executive; and

        (b)     not later than 7 days after the day the person receives the notice.

    (3)     If a request is made under this section—

        (a)     the chief executive must arrange for an inspector to investigate the circumstances relating to the issue of the provisional improvement notice; and

        (b)     the operation of the notice is suspended until an inspector completes an investigation of the circumstances relating to the issue of the notice.

    (4)     The inspector must revoke the provisional improvement notice if, after the investigation, the inspector believes on reasonable grounds that—

        (a)     the notice should not have been given to the person; or

        (b)     the person to whom the notice was given—

              (i)     ensured the notice was complied with in relation to each matter that—

    (A)     the notice related to; and

    (B)     the person had control over; and

              (ii)     took reasonable steps to inform the representative of the action taken to comply with the notice; or

        (c)     for any other reason, the notice should not remain in force.

    (5)     If a provisional improvement notice is revoked under this section, the inspector must give written notice of the revocation to—

        (a)     the work safety representative; and

        (b)     the responsible person; and

        (c)     if the responsible person is a worker, and the provisional improvement notice is in relation to work carried out by the person for an employer—the employer; and

        (d)     each person mentioned in section 48 (2) (Provisional improvement notice—service of notice on other employers etc) to whom a copy of the provisional improvement notice has been given.

Division 4.6     Work safety representatives—emergency procedures