41Investigations

#### 41 Investigations (1) An investigator who is a member of the staff of Comcare may, at any time, conduct an investigation: (a) to ascertain whether the requirements of, or any requirements properly made under, the Act or the regulations are being complied with; or (b) concerning a breach or possible breach of this Act or the regulations; or (c) concerning an accident or dangerous occurrence that has happened in the performing of work for an employer. (2) Comcare or the Commission may direct an investigator who is not a member of the staff of Comcare to conduct an investigation: (a) to ascertain whether the requirements of, or any requirements properly made under, the Act or the regulations are being complied with; or (b) concerning a breach or possible breach of this Act or the regulations; or (c) concerning an accident or dangerous occurrence that has happened in the performing of work for an employer; and the investigator must conduct an investigation accordingly, unless: (d) in the case of a direction given by Comcare—Comcare or the Commission revokes the direction; or (e) in the case of a direction given by the Commission—the Commission revokes the direction. (3) Comcare or the Commission may, in writing, direct an investigator, whether a member of the staff of Comcare or not, to conduct an investigation concerning the occupational health and safety policies and practices of an Entity, a Commonwealth authority or a non‑Commonwealth licensee, and the investigator must conduct an investigation accordingly, unless: (a) in the case of a direction given by Comcare—Comcare or the Commission revokes the direction; or (b) in the case of a direction given by the Commission—the Commission revokes the direction. (4) Before Comcare or the Commission gives a direction under subsection (3), the body about to give the direction must inform the principal officer of the Entity, or the chief executive officer of the Commonwealth authority or of the non‑Commonwealth licensee, as the case may be, of: (a) the fact that an investigation of the Entity or authority is to be conducted; and (b) the subject matter of the proposed investigation. (5) An employee representative in relation to an employee may, if requested by the employee, make a request to Comcare or to the Commission that an investigation be conducted at a workplace at which the employee performs work for an employer.