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.