Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - SCHEDULE 3

Schedule 3     Reviewable decisions

(see pt 11)

Part 3.1     Reviewable decisions

column 1 item	column 2 section	column 3 decision	column 4 entity	column 5 decision-maker
1	Act, 55	direct employer to arrange election of work safety committee	employer directed to arrange election of work safety committee	chief executive
2	Act, 55A	direct employers in an industry to arrange election of work safety committee	employers directed to arrange election of work safety committee	chief executive
3	Act, 57	decision made in arbitration of dispute	person adversely affected by decision made in arbitration of dispute	chief executive
4	Act, 85	seize anything at premises	•     person with a property interest in seized thing               •     person conducting business or undertaking adversely affected by the seizure	inspector
5	Act, 86	remove or restrict access to seized things	•     person with a property interest in seized thing               •     person conducting business or undertaking adversely affected by the removal or restriction	inspector
6	Act, 87	destroy or dispose of seized thing or require destruction or disposal	•     person with a property interest in seized thing               •     person conducting business or undertaking adversely affected by the destruction or disposal	inspector
7	Act, 96	seize data, electronic equipment or storage device	•     person with a property interest in seized thing               •     person conducting business or undertaking adversely affected by the seizure	inspector
8	Act, 106	direct to dispose of seized thing that has been forfeited to the Territory	•     person with a property interest in seized thing               •     person conducting business or undertaking adversely affected by the disposal	chief executive
9	Act, 107	return seized thing	•     person with a property interest in seized thing               •     person conducting business or undertaking adversely affected by the return	chief executive
10	Act, 126	end compliance agreement	•     relevant responsible person for the compliance agreement               •     person conducting business or undertaking adversely affected by the decision	inspector
11	Act, 131	give an improvement notice	•     relevant responsible person for the improvement notice               •     person conducting business or undertaking adversely affected by the decision	inspector
12	Act, 134	extend compliance period for improvement notice	•     relevant responsible person for the improvement notice               •     person conducting business or undertaking adversely affected by the decision	inspector
13	Act, 137	revoke improvement notice	•     if there is a work safety representative for a worker adversely affected by the decision—the work safety representative               •     if there is a work safety committee for a worker adversely affected by the decision—the work safety committee               •     if there is no work safety representative or work safety committee for a worker adversely affected by the decision—the workers adversely affected by the decision               •     relevant responsible person for the improvement notice               •     person conducting business or undertaking adversely affected by the decision	inspector
14	Act, 140	give prohibition notice	•     relevant responsible person for the prohibition notice               •     person conducting business or undertaking adversely affected by the decision	inspector
15	Act, 143	extend stated period for prohibition notice	•     relevant responsible person for the prohibition notice               •     person conducting business or undertaking adversely affected by the decision	inspector
16	Act, 147 (2)	reinspect situation or circumstances causing prohibition notice to be issued	relevant responsible person for the prohibition notice	chief executive
17	Act, 147 (3)	reinspect situation or circumstances causing prohibition notice to be issued if related to vehicle or equipment	•     person with a property interest in the vehicle or equipment               •     person conducting business or undertaking adversely affected by the decision	inspector
18	Act, 148	revoke prohibition notice	•     if there is a work safety representative for a worker adversely affected by the decision—the work safety representative               •     if there is a work safety committee for a worker adversely affected by the decision—the work safety committee               •     if there is no work safety representative or work safety committee for a worker adversely affected by the decision—the workers adversely affected by the decision               •     relevant responsible person for the prohibition notice               •     person conducting business or undertaking adversely affected by the decision	inspector
19	Act, 154	alleged contravention of provision of Act	person alleged to have contravened provision of Act	chief executive
20	Act, 155	accept safety undertaking	relevant person for enforceable undertaking	chief executive
21	Act, 156	agree to withdraw or amend enforceable undertaking	relevant person for enforceable undertaking	chief executive
22	Act, 157	end enforceable undertaking	relevant person for enforceable undertaking	chief executive
23	Act, 166	finding that person in control of public sector workplace has failed to comply with a compliance agreement, an enforceable undertaking, an improvement notice or a prohibition notice	person in control of public sector workplace	chief executive
24	Act, 168	finding that person in control of public sector workplace has not failed to comply with safety duty and no further action will be taken	•     if there is a work safety representative for a worker adversely affected by the decision—the work safety representative               •     if there is a work safety committee for a worker adversely affected by the decision—the work safety committee               •     if there is no work safety representative or work safety committee for a worker adversely affected by the decision—the workers adversely affected by the decision	chief executive
25	Act, 169	finding that person in control of public sector workplace has failed to comply with safety duty and appropriate steps have been taken to address the failure	responsible chief executive	chief executive
26	Act, 170	finding that person in control of public sector workplace has failed to comply with safety duty and appropriate steps have not been taken to address the failure	responsible chief executive	chief executive
27	38	disqualify work safety representative	person adversely affected by decision to disqualify	chief executive
28	39	revoke disqualification of work safety representative	person adversely affected by decision to revoke disqualification	chief executive
29	65	disqualify work authorised representative	person adversely affected by decision to disqualify	chief executive
30	66	revoke disqualification of work authorised representative	person adversely affected by decision to revoke disqualification	chief executive
31	123 (1) (b)	refuse to issue licence	applicant for licence	chief executive
32	129 (1) (b)	refuse to renew licence	applicant for renewal	chief executive
33	131 (1) (b)	refuse to vary licence	applicant for variation	chief executive
34	133 (4) (b)	refuse to replace licence	applicant for replacement	chief executive
35	135 (1)	licence cancellation	licensee	chief executive
36	137 (1)	licence cancellation	licensee	chief executive
37	138 (1)	licence suspension	licensee	chief executive
38	139 (1)	licence suspension	licensee	chief executive
39	140 (4)	confirm licence suspension extend licence suspension confirm licence cancellation	licensee	chief executive
40	157	refusal to grant exemption	applicant for exemption	chief executive
41	158	grant exemption on conditions	applicant for exemption	chief executive
42	177	refuse to issue card	applicant for card	chief executive
43	180	refuse to replace card	applicant for replacement card	chief executive
44	182	cancel card	cardholder of cancelled card	chief executive

Part 3.2     Internal review of decisions

column 1 item	column 2 section	column 3 decision	column 4 decision-maker
1	Act, 85	seize anything at premises	inspector
2	Act, 86	remove or restrict access to seized thing	inspector
3	Act, 87	destroy or dispose of seized thing or require destruction or disposal	inspector
4	Act, 96	seize data, electronic equipment or storage device	inspector
5	Act, 126	end compliance agreement	inspector
6	Act, 134	extend compliance period for improvement notice	inspector
7	Act, 137	revoke improvement notice	inspector
8	Act, 143	extend stated period for prohibition notice	inspector
9	Act, 147 (3)	reinspect situation or circumstances causing prohibition notice to be issued if related to vehicle or equipment	inspector
10	Act, 148	revoke prohibition notice	inspector