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