48Appeals

#### 48 Appeals (1) Where an investigator, in conducting an investigation or having conducted an investigation: (a) decides, under section 29, to confirm or vary a provisional improvement notice; or (b) decides, under section 44, to take possession of plant, a substance or a thing at a workplace; or (c) decides, under section 45, to direct that a workplace, a part of a workplace, plant, a substance or a thing not be disturbed; or (ca) decides, under section 45, to revoke or vary a direction that a workplace, a part of a workplace, plant, a substance or a thing not be disturbed; or (cb) decides, under section 45A, to direct that a workplace, a part of a workplace, plant, a substance or a thing not be disturbed; or (d) decides, under section 46, to issue a prohibition notice; or (da) decides, under section 46, to revoke or vary a prohibition notice; or (e) decides, under section 46, that an employer to whom a prohibition notice has been issued has not taken adequate action to remove the threat to health and safety that caused the notice to be issued; or (f) decides, under section 47, to issue an improvement notice; or (fa) decides, under section 47, to revoke or vary an improvement notice; an appeal against the decision may be made, by notice in writing, to the reviewing authority by: (g) an employer affected by the decision; or (h) a person to whom a notice has been issued under subsection 29(2) or 47(1); or (j) the health and safety representative for a designated work group in which is included an employee affected by the decision; or (l) an employee representative in relation to the designated work group that includes an employee affected by the decision who has requested the employee representative to make the appeal; or (m) if there is no such designated work group and an employee affected by the decision has requested an employee representative in relation to the employee to make the appeal—that employee representative; or (n) a person who owns any workplace, plant, substance or thing to which the decision referred to in paragraph (a), (b), (c) or (f) relates. (2) Where an investigator, having conducted an investigation: (a) decides, under section 29 to cancel a provisional improvement notice; or (b) decides, under section 46, that an employer to which a prohibition notice has been issued has taken adequate action to remove the threat to health and safety that caused the notice to be issued; an appeal against a decision may be made, by notice in writing, to the reviewing authority by: (c) the health and safety representative for a designated work group in which is included an employee affected by the decision; or (d) if an employee affected by the decision has requested an employee representative in relation to the designated work group to make the appeal—that employee representative; or (e) if there is no such designated work group and an employee affected by the decision has requested an employee representative in relation to the employee to make the appeal—that employee representative. (3) Subject to this section, the making of an appeal against a decision referred to in subsection (1) or (2) does not affect the operation of the decision or prevent the taking of action to implement the decision, except to the extent that the reviewing authority makes an order to the contrary. (4) Where the decision appealed against is a decision, under section 47, to issue an improvement notice, the operation of the decision is suspended pending determination of the appeal, except to the extent that the reviewing authority makes an order to the contrary. (5) Where the decision appealed against is a decision of an investigator, under section 29, to confirm or vary a provisional improvement notice the operation of which has been suspended pending the investigation of the matter to which the notice relates by the investigator, the operation of the notice is further suspended pending determination of the appeal, except to the extent that the reviewing authority makes an order to the contrary. (6) The reviewing authority may affirm or revoke the decision appealed against under subsection (1) or (2) and may, if it revokes the decision, substitute for the decision such other decision, being a decision of the kind appealed against, as it thinks appropriate. (7) Where the decision is varied, revoked or revoked with the substitution of another decision, the decision is to be taken to have effect, and to always have had effect, accordingly. (8) Where the decision appealed against is a decision, under section 44, to take possession of plant, substance or a thing at a workplace, and the decision is not affirmed, the investigator who made the decision must ensure that, to the extent that the decision is not affirmed, the plant, substance or thing is returned to the workplace as soon as is reasonably practicable.