Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The following table sets out:
(a) decisions made under this Act that are reviewable in accordance with this Part ( reviewable decisions ); and
(b) who is eligible to apply for review of a reviewable decision (the eligible person ).
Reviewable decisions | ||
Item | Provision under which reviewable decision is made | Eligible person in relation to reviewable decision |
1 | Section 54(2) (decision following failure to commence negotiations) | (1) A worker whose interests are affected by the decision or his or her representative appointed for the purpose of section 52(1)(b). (2) A person conducting a business or undertaking whose interests are affected by the decision. (3) A health and safety representative who represents a worker whose interests are affected by the decision. |
2 | Section 72(6) (decision in relation to training of health and safety representative) | (1) A person conducting a business or undertaking whose interests are affected by the decision. (2) A health and safety representative whose interests are affected by the decision. |
3 | Section 76(6) (decision relating to health and safety committee) | (1) A worker whose interests are affected by the decision. (2) A person conducting a business or undertaking whose interests are affected by the decision. (3) A health and safety representative who represents a worker whose interests are affected by the decision. |
4 | Section 102 (decision on review of provisional improvement notice) | (1) The person to whom the provisional improvement notice was issued. (2) The health and safety representative who issued the provisional improvement notice. (3) A worker whose interests are affected by the decision. (4) A health and safety representative who represents a worker whose interests are affected by the decision. (5) A person conducting a business or undertaking whose interests are affected by the decision. |
5 | Section 179 (forfeiture of thing) | The person entitled to the thing. |
6 | Section 180 (Return of seized things) | The person entitled to the thing. |
7 | Section 191 (issue of improvement notice) | (1) The person to whom the notice was issued. (2) A person conducting a business or undertaking whose interests are affected by the decision. (3) A worker whose interests are affected by the decision. (4) A health and safety representative who represents a worker whose interests are affected by the decision. |
8 | Section 194 (extension of time for compliance with improvement notice) | (1) The person to whom the notice was issued. (2) A person conducting a business or undertaking whose interests are affected by the decision. (3) A worker whose interests are affected by the decision. (4) A health and safety representative who represents a worker whose interests are affected by the decision. |
9 | Section 195 (issue of prohibition notice) | (1) The person to whom the notice was issued. (2) The person with management or control of the workplace, plant or substance. (3) A person conducting a business or undertaking whose interests are affected by the decision. (4) A worker whose interests are affected by the decision. (5) A health and safety representative who represents a worker whose interests are affected by the decision. (6) A health and safety representative who gave a direction under section 85 to cease work, that is relevant to the prohibition notice. |
10 | Section 198 (issue of a non - disturbance notice) | (1) The person to whom the notice was issued. (2) The person with management or control of the workplace. (3) A person conducting a business or undertaking whose interests are affected by the decision. (4) A worker whose interests are affected by the decision. (5) A health and safety representative who represents a worker whose interests are affected by the decision. |
11 | Section 201 (issue of subsequent notice) | (1) The person to whom the notice was issued. (2) The person with management or control of the workplace. (3) A person conducting a business or undertaking whose interests are affected by the decision. (4) A worker whose interests are affected by the decision. (5) A health and safety representative who represents a worker whose interests are affected by the decision. |
12 | Section 207 (Decision of regulator to vary or cancel notice) | (1) The person to whom the notice was issued. (2) The person with management or control of the workplace. (3) A person conducting a business or undertaking whose interests are affected by the decision. (4) A worker whose interests are affected by the decision. (5) A health and safety representative who represents a worker whose interests are affected by the decision. (6) In the case of a prohibition notice, a health and safety representative whose direction under section 85 to cease work gave rise to the notice. |
13 | A prescribed provision of the regulations | A person prescribed by the regulations as eligible to apply for review of the reviewable decision. |
(2) Unless the contrary intention appears, a reference in this Part to a decision includes a reference to:
(a) making, suspending, revoking or refusing to make an order, determination or decision; or
(b) giving, suspending, revoking or refusing to give a direction, approval, consent or permission; or
(c) issuing, suspending, revoking or refusing to issue an authorisation; or
(d) imposing a condition; or
(e) making a declaration, demand or requirement; or
(f) retaining, or refusing to deliver up, a thing; or
(g) doing or refusing to do any other act or thing.
(3) In this section person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it, in which case it means the owner of the thing.