136Power to issue Return to Work improvement notice

136 Power to issue Return to Work improvement notice (1) If an inspector reasonably believes that an employer— (a) is contravening a provision of this Part; or (b) has contravened such a provision in circumstances that make it likely that the contravention will continue or be repeated— the inspector may issue to the employer a Return to Work improvement notice requiring the employer to remedy the contravention or likely contravention. (2) A Return to Work improvement notice must— (a) state the basis for the inspector's belief on which the issue of the notice is based; and (b) specify the provision of this Part that the inspector considers has been or is likely to be contravened; and (c) specify a date (with or without a time) by which the employer is required to remedy the contravention or likely contravention; and (d) set out the penalty for contravening the notice; and (e) state how the employer may seek review of the issue of the notice; and (f) include a statement of the effect of section 141 (proceedings for offence not affected by Return to Work improvement notice). (3) A Return to Work improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention to which the notice relates and may, in particular, include— (a) a direction that if the person has not remedied the contravention, likely contravention, matters or activities (as the case may be) by the date and time (if any) specified in the notice, an activity to which the notice relates is to cease until an inspector has certified in writing that the contravention, likely contravention, matters or activities have been remedied; and (b) interim directions, or interim conditions on the carrying on of any activities to which the notice relates, that the inspector considers necessary to enable the worker's early, safe and sustainable return to work. (4) An employer to whom a Return to Work improvement notice is issued must comply with the Return to Work improvement notice. (5) If an application for review of a decision under this section has been made under Division 9, an inspector must not give a certificate under subsection (3)(a) in relation to the Return to Work improvement notice.