Section 127 - Occupational Health and Safety Act 2004 - Which decisions are reviewable

127Which decisions are reviewable

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127 Which decisions are reviewable

(1) The following table sets out—

(a) decisions made under this Act that are reviewable in accordance with this Part (reviewable decisions); and

(b) who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision).

(2) To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Act.

Under section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision.

Item	Provision under which reviewable decision is made	Eligible person in relation to reviewable decision
1.	Section 45 (determination of unresolved particulars concerning designated work groups)	(1) An employee whose interests are affected by the decision.<br>(2) An employer whose interests are affected by the decision.
2.	Section 54(4)(b) (appointment by an inspector of a person to conduct an election of a health and safety representative)	(1) An employee whose interests are affected by the decision.<br>(2) An employer whose interests are affected by the decision.

1. Section 63(3)(b) (decision to affirm or cancel a provisional improvement notice) (1) The person to whom the provisional improvement notice was issued.(2) The health and safety representative who issued the provisional improvement notice.(3) A health and safety representative who represents an employee, or represents a person mentioned in section 44(1)(e) or 48(1)(e), whose interests are affected by the decision.(4) An employee whose interests are affected by the decision.(5) An employer whose interests are affected by the decision.
1. Section 75(4)(b) (determination that there was reasonable cause for employees to be concerned for their health or safety) (1) An employee whose interests are affected by the decision.(2) An employer whose interests are affected by the decision.(3) A health and safety representative whose direction under section 74 to cease work gave rise to the decision.