83Appeals to Commission

83 Appeals to Commission

(1) An appeal, under section 37 of Schedule 7 to the PSL Act, to the Commission as the reviewing authority must be instituted by lodging with a Registrar a notice of appeal in accordance with Form R67 and 3 copies of the notice, together with 3 copies of:

(a) the OHS inspector’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 R68.

(4) If an appellant seeks an order under subsection 37 (3) of Schedule 7 to the PSL 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 37 (4) or (5) of Schedule 7 to the PSL Act, (that is, an order that the operation of the relevant notice under section 17 of Schedule 7, or the relevant decision under section 36 of Schedule 7, to 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 37 (1) of Schedule 7 to the PSL Act, the appellant must, as soon as practicable, serve a copy of the documents lodged in accordance with subrule (1) on:

(a) the OHS inspector who made the decision under appeal; and

(b) the operator of the facility or any employer (other than the operator) affected by the decision; and

(c) any person to whom a notice has been issued under subsection 17 (2) or 36 (1) of Schedule 7 to the PSL Act; and

(d) if there is a designated work group having a group member affected by the decision:

(e) if there is no designated work group, and a member of the workforce affected by the decision has requested a workforce representative — that workforce representative; and

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

(g) the Chief Executive Officer of the National Offshore Petroleum Safety Authority.

(7) On lodging a notice of appeal under subsection 37 (2) of Schedule 7 to the PSL 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: