81Appeals to Commission

81 Appeals to Commission

(1) An appeal, under section 48 of the OHS Act, to the Commission as the reviewing authority must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R64 and 3 copies of the notice, together with 3 copies of:

(a) the investigator’s decision under appeal; and

(b) any notices issued relating to the decision under appeal; and

(c) any other document in the possession of the appellant that is relevant to the decision under appeal.

(2) An appeal must be instituted within 14 days after the date of the decision appealed against or, on application, within such further time as is allowed by the Commission.

(3) An application to the Commission for leave to institute an appeal after the 14 days mentioned in subrule (2) must be made in accordance with Form R65.

(4) If an appellant seeks an order under subsection 48 (3) of the OHS Act (that is, an order that the making of the appeal does affect the operation of the decision or prevent the taking of action to implement the decision), the notice of appeal must include an application to that effect.

(5) If a person seeks an order under subsection 48 (4) or (5) of the OHS Act (that is, an order that the operation of the relevant notice under section 29, or the relevant decision under section 47, of that Act, as the case may be, not be suspended pending determination of the appeal), the notice of appeal must include an application to that effect.

(6) On lodging a notice of appeal under subsection 48 (1) of the OHS Act, the appellant must, as soon as practicable, serve a copy of the documents lodged in accordance with subrule (1) on:

(a) the investigator who made the decision under appeal; and

(b) the relevant employer affected by the decision; and

(c) any person to whom a notice has been issued under subsection 29 (2), or subsection 47 (1), of the OHS Act; and

(d) if there is a designated work group that includes an employee affected by the decision:

(e) if there is no designated work group that includes an employee affected by the decision — the involved union in relation to an employee of the employer, being an employee who is affected by the decision; and

(f) a person who owns a workplace, plant, substance or thing to which the decision relates; and

(g) the Chief Executive Officer of Comcare; and

(h) the First Assistant Secretary, Australian Government Employment Group of the Department of Employment and Workplace Relations.

(7) On lodging a notice of appeal under subsection 48 (2) of the OHS Act, the appellant must, as soon as practicable, serve a copy of the notice of appeal and documents lodged in accordance with subrule (1) on: