Part 12Review of decisions

Part 12—Review of decisions Division 1—Reviewable decisions 223—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).

Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision Section 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 section 52(1)(b).

(3)	A health and safety representative who represents a worker whose interests are affected by the decision.

Section 72(7) (decision in relation to training of health and safety representative) (1) A person conducting a business or undertaking whose interests are affected by the decision.

(2)	A health and safety representative whose interests are affected by the decision.

Section 76(6) (decision relating to health and safety committee) (1) A worker whose interests are affected by the decision.

(3)	A health and safety representative who represents a worker whose interests are affected by the decision.

Section 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 undertaking whose interests are affected by the decision.

Section 179 (forfeiture of thing) The person entitled to the thing. Section 180 (return of seized things) The person entitled to the thing. Section 191 (issue of improvement notice)

Section 194 (extension of time for compliance with improvement notice)

Section 195 (issue of prohibition notice)

(2)	The person with management or control of the workplace, plant or substance.

(6)	A health and safety representative who gave a direction under section 85 to cease work, that is relevant to the prohibition notice.

Section 198 (issue of a non‑disturbance notice)

Section 201 (issue of subsequent notice)

Section 207 (decision of regulator to vary or cancel notice)

(6)	In the case of a prohibition notice, a health and safety representative whose direction under section 85 to cease work gave rise to the notice.

A prescribed provision of the regulations A person prescribed by the regulations as eligible to apply for review of the reviewable decision. (1a) A reference in the table in subsection (1) to a person conducting a business or undertaking or to a worker includes a representative of such a person or worker. (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; or (b) giving, suspending, revoking or refusing to give a direction, approval, consent or permission; or (c) issuing, suspending, revoking or refusing to issue an authorisation; or (d) imposing a condition; or (e) making a declaration, demand or requirement; or (f) retaining, or refusing to deliver up, a thing; or (g) doing or refusing to do any other 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. Division 2—Internal review 224—Application for internal review (1) An eligible person in relation to a reviewable decision, other than a decision made by the regulator or a delegate of the regulator, may apply to the regulator for review (an internal review) of the decision within— (a) the prescribed time after the day on which the decision first came to the eligible person's notice; or (b) such longer period as the regulator allows. (2) The application must be made in the manner and form required by the regulator. (3) For the purposes of this section— prescribed time is— (a) in the case of a decision to issue an improvement notice the period specified in the notice for compliance with the notice or 14 days, whichever is the lesser; and (b) in any other case, 14 days. 225—Internal reviewer (1) The regulator may appoint a person or body to review decisions on applications under this Division. (2) The person who made the decision cannot be an internal reviewer in relation to that decision. 226—Decision of internal reviewer (1) The internal reviewer must review the reviewable decision and make a decision as soon as is reasonably practicable and within 14 days after the application for internal review is received. (2) The decision may be— (a) to confirm or vary the reviewable decision; or (b) to set aside the reviewable decision and substitute another decision that the internal reviewer considers appropriate. (3) If the internal reviewer seeks further information from the applicant, the 14 day period ceases to run until the applicant provides the information to the internal reviewer. (4) The applicant must provide the further information within the time (being not less than 7 days) specified by the internal reviewer in the request for information. (5) If the applicant does not provide the further information within the required time, the decision is taken to have been confirmed by the internal reviewer at the end of that time. (6) If the reviewable decision is not varied or set aside within the 14 day period, the decision is taken to have been confirmed by the internal reviewer. 227—Decision on internal review As soon as practicable after reviewing the decision, the internal reviewer must give the applicant in writing— (a) the decision on the internal review; and (b) the reasons for the decision. 228—Stays of reviewable decisions on internal review (1) An application for an internal review of a reviewable decision (other than a decision to issue a prohibition notice or a non‑disturbance notice) stays the operation of the decision. (2) If an application is made for an internal review of a decision to issue a prohibition notice or a non‑disturbance notice, the reviewer may stay the operation of the decision. (3) The reviewer may make the decision to stay the operation of a decision on the reviewer's own initiative or on the application of the applicant for review. (4) The reviewer must make a decision on an application for a stay within 1 working day after the reviewer received the application. (5) If the reviewer has not made a decision to stay a decision within the time set out in subsection (4), the reviewer is taken to have made a decision to grant a stay. (6) A stay of the operation of a decision pending a decision on an internal review continues until whichever of the following is the earlier: (a) the end of the prescribed period for applying for an external review of the decision made on the internal review; (b) an application for external review is made. Division 3—External review 229—Application for external review (1) An eligible person may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of— (a) a reviewable decision made by the regulator; or (b) a decision made, or taken to have been made, on an internal review. (2) The application must be made— (a) if the decision was to forfeit a thing (including a document), within 28 days after the day on which the decision first came to the applicant's notice; or (b) in the case of any other decision, within 14 days after the day on which the decision first came to the applicant's notice; or (c) if the regulator is required by the external review body to give the eligible person a statement of reasons, within 14 days after the day on which the statement is provided.