31Issue of provisional improvement notices

31 Issue of provisional improvement notices

31 Issue of provisional improvement notices

(1) An industry safety and health representative, in the exercise of the functions of a health and safety representative under the WHS Act, cannot issue a provisional improvement notice in relation to a matter if the regulator has already issued (or decided not to issue) a stop work order in relation to the same matter.

Note—

Section 90 (5) of the WHS Act prevents an industry safety and health representative issuing a provisional improvement notice if a government official has already issued (or decided not to issue) an improvement notice or prohibition notice in relation to the same matter.

(2) An industry safety and health representative must, as soon as practicable after issuing a provisional improvement notice and within the time (if any) prescribed by the regulations, give a copy of the notice to the regulator along with such other information in relation to the giving of the notice as may be prescribed by the regulations.