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Work Health and Safety (National Uniform Legislation) Act 2011
223Which decisions are reviewable
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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).
1 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
2 section 72(6)
(decision in relation to
training of health and
safety representative)
(1) A person conducting a business or
(2) A health and safety representative whose
interests are affected by the decision.
Work Health and Safety (National Uniform Legislation) Act 2011 117
3 section 76(6)
(decision relating to
health and safety
committee)
(1) A worker whose interests are affected
(3) A health and safety representative who
represents a worker whose interests
are affected by the decision.
4 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
4A section 134
(decision to refuse to
issue a WHS entry
permit)
(1) The relevant union.
(2) The person for whom the entry permit is
sought.
4B section 140
(decision to revoke,
suspend or take other
action in relation to a
WHS entry permit)
(1) The relevant union.
(2) The WHS entry permit holder.
5 section 179
(forfeiture of thing)
The person entitled to the thing.
6 section 180
(return of seized
things)
The person entitled to the thing.
7 section 191
(issue of improvement
Work Health and Safety (National Uniform Legislation) Act 2011 118
8 section 194
(extension of time for
compliance with
improvement notice)
9 section 195
(issue of prohibition
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.
10 section 198
(issue of a
non-disturbance
Work Health and Safety (National Uniform Legislation) Act 2011 119
11 section 201
(issue of subsequent
12 section 207
(decision of regulator
to vary or cancel
(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.
13 A prescribed provision
of the Regulations
A person prescribed by the Regulations as
eligible to apply for review of the reviewable
(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
Work Health and Safety (National Uniform Legislation) Act 2011 120
(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.
(3) In this section:
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 for section 223
Decisions under the Regulations that will be reviewable decisions will be set out
in the Regulations.