Commonwealth Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 90

  (1)   This section applies if a health and safety representative reasonably believes that a person:

  (a)   is contravening a provision of this Act; or

  (b)   has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated.

  (2)   The health and safety representative may issue a provisional improvement notice requiring the person to:

  (a)   remedy the contravention; or

  (b)   prevent a likely contravention from occurring; or

  (c)   remedy the things or operations causing the contravention or likely contravention.

  (3)   However, the health and safety representative must not issue a provisional improvement notice to a person unless he or she has first consulted the person.

  (4)   A health and safety representative cannot issue a provisional improvement notice unless the representative has:

  (a)   completed initial training prescribed by the regulations referred to in section   72(1)(b); or

  (b)   previously completed that training when acting as a health and safety representative for another work group; or

  (c)   completed training equivalent to that training under a corresponding WHS law.

  (5)   A health and safety representative cannot issue a provisional improvement notice in relation to a matter if an inspector has already issued (or decided not to issue) an improvement notice or prohibition notice in relation to the same matter.