CTHRepealedAct
Occupational Health and Safety Act 1991
53Report of investigation
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#### 53 Report of investigation
(1) Where an investigator has conducted an investigation, the investigator must, as soon as is reasonably practicable, prepare a written report relating to the investigation and give the report to the Commission.
(2) The report must include:
(a) the investigator’s conclusions from conducting the investigation and the reasons for those conclusions; and
(b) any recommendations that the investigator wishes to make arising from the investigation or those conclusions; and
(c) such other matters, if any, as are prescribed.
(3) As soon as is reasonably practicable after receiving the report, the Commission must:
(a) give a copy of the report, together with any written comments that it wishes to make, to the employer; and
(b) if the employer is the Commonwealth or a Commonwealth authority and the Commission thinks it appropriate to do so—give a copy of the report, together with those comments (if any), to the responsible Minister in relation to the employer.
(4) The Commission may, in writing, request the employer to provide to the Commission, within a reasonable period specified in the request, particulars of:
(a) any action that is proposed to be taken as a result of the conclusions or recommendations contained in the report; and
(b) where a notice has been issued under section 46 or 47 in relation to work being performed for the employer—any action that has been taken, or that is proposed to be taken, in respect of that notice;
and the employer must comply with the request.
(5) As soon as is reasonably practicable after the receipt of a report, the employer must give a copy of the report together with any written comment made by the Commission relating to the report:
(a) if there is at least one health and safety committee established in respect of some or all of the employer’s employees to whose work the report relates—to each such committee; and
(b) if there is no such committee established in respect of some or all of the employer’s employees to whose work the report relates, but some or all of those employees (in respect of which there is no such committee) are included in at least one designated work group for which there is a health and safety representative—to each such health and safety representative.