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OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) ACT 1993 - SECT 100

Appeals

  (1)   This section applies to the following decisions of an inspector:

  (a)   to confirm or vary a provisional improvement notice under section   59;

  (b)   to cancel a provisional improvement notice under section   59;

  (c)   to take possession of plant, a substance, or a thing at a workplace under section   91;

  (d)   to direct that a workplace, or a part of a workplace, plant, a substance or a thing not be disturbed under section   92;

  (e)   to issue a prohibition notice under section   93;

  (f)   that the operator to whom a prohibition notice is issued has not taken adequate action to remove the threat to health or safety that caused the notice to be issued under section   93;

  (g)   that the operator, to whom a prohibition notice has been issued, has taken adequate action to remove the threat to health or safety that caused the notice to be issued under section   93;

  (h)   to issue an improvement notice under section   98.

  (2)   An appeal may be made to the reviewing authority against a decision referred to in paragraphs   ( 1)(a), (c), (d), (e), (f) and (h ) (i nclusive) by:

  (a)   the operator affected by the decision; or

  (b)   a person in command to whom a notice has been issued under subsection   581(1) or 98(1); or

  (c)   a person to whom a notice has been given under subsection   58(5); or

  (d)   the health and safety representative for a designated work group that includes an employee affected by the decision; or

  (e)   an involved union in relation to such a designated work group; or

  (f)   if there is no such designated work group--an involved union in relation to an employee who is affected by the decision; or

  (g)   a person who owns any plant, substance or thing to which the decision referred to in paragraph   ( 1)(a), (c), (d) or (h) relates.

  (3)   An appeal may be made to the reviewing authority against a decision referred to in paragraph   ( 1)(b) or (g) by:

  (a)   a health and safety representative for a designated work group that includes an employee affected by the decision; or

  (b)   an involved union in relation to such a designated work group; or

  (c)   if there is no such designated work group--an involved union in relation to an employee who is affected by the decision.



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