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Work Health and Safety Act 2011
223Which decisions are reviewable
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223 Which decisions are reviewable
(1) Table 223 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).
(2) Unless the contrary intention appears, a reference in this part to a
decision includes a reference to:
(a) making, suspending, revoking or refusing to make an order,
determination or decision;
(b) giving, suspending, revoking or refusing to give a direction,
approval, consent or permission;
(c) issuing, suspending, revoking or refusing to issue an
authorisation;
(d) imposing a condition;
(e) making a declaration, demand or requirement;
(f) retaining, or refusing to deliver up, a thing;
(g) doing or refusing to do another act or thing.
person entitled to a thing means the person from whom it was seized
unless that person is not entitled to possess it, in which case it means
the owner of the thing.
Note Decisions under the regulation that will be reviewable decisions will be
set out in the regulation.
Table 223 Reviewable decisions and eligible persons
item
1 s 54 (2)
(decision following failure to
commence negotiations)
(1) A worker whose interests are affected
by the decision or his or her
representative appointed for the
purpose of s 52 (1) (b).
(3) A health and safety representative who
2 s 72 (6)
of health and safety
representative)
(1) A person conducting a business or
(2) A health and safety representative
2A s 72A (7)
of health and safety
representative)
(1) The principal contractor for a major
construction project.
(2) A health and safety representative
3 s 76 (6)
(decision relating to health and
safety committee)
(1) A worker whose interests are affected
(3) A health and safety representative who
item
3A s 79A (7)
of members of health and safety
committee)
(1) The principal contractor for a major
construction project.
(2) A health and safety committee member
4 s 102
(decision on review of
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.
(5) A person conducting a business or
5 s 134
(decision to refuse to issue a
WHS permit)
(1) The relevant union.
(2) The person for whom the entry permit
is sought.
6 s 140
(decision to revoke, suspend or
take other action in relation to a
WHS entry permit)
(1) The relevant union.
(2) The WHS permit-holder.
7 s 179
(forfeiture of thing)
The person entitled to the thing.
8 s 180
(return of seized things)
The person entitled to the thing.
item
9 s 191
(issue of improvement notice)
9A s 197B
(issue of prohibited asbestos
9B s 197E
(extension of time for
compliance with prohibited
asbestos notice)
item
10 s 194
(extension of time for
compliance with improvement
11 s 195
(issue of prohibition notice)
control of the workplace, plant or
substance.
(6) A health and safety representative who
gave a direction under s 85 to cease
work, that is relevant to the prohibition
item
12 s 198
(issue of a non-disturbance
13 s 201
(issue of subsequent notice)
item
14 s 207
(Decision of regulator to vary or
cancel notice)
(6) For a prohibition notice, a health and
safety representative whose direction
under s 85 to cease work gave rise to
the notice.
15 A provision of the regulation
prescribed by regulation to be
reviewable in accordance with
this part.
A person prescribed by regulation as eligible
to apply for review of the reviewable