Victorian Current Acts

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 115

Service of notices

    (1)     A non-disturbance notice, improvement notice or prohibition notice may be issued to a person by—

        (a)     delivering it personally to the person or sending it by post or facsimile to the person's usual or last known place of residence or business; or

        (b)     leaving it for the person at the person's usual or last known place of residence or business with a person who is apparently over 16 years and who apparently resides or works there; or

S. 115(1)(c) amended by No. 48/2017 s. 19(1).

        (c)     leaving it for the person at the workplace to which the notice relates with a person who is apparently over 16 years and who apparently is the occupier for the time being of the workplace; or

S. 115(1)(d) inserted by No. 48/2017 s. 19(2).

        (d)     sending it by electronic communication to the person at the person's usual or last known electronic address; or

S. 115(1)(e) inserted by No. 48/2017 s. 19(2).

        (e)     if the person is an employer registered under section 434 of the Workplace Injury Rehabilitation and Compensation Act 2013 , sending it by post or electronic communication to the last address for service shown on a communication from the employer to the Authority.

S. 115(1A) inserted by No. 48/2017 s. 19(3).

    (1A)     A notice under this Division required or authorised to be issued to a body corporate may be served by—

        (a)     issuing it to; or

        (b)     sending it by post or electronic communication to—

the body corporate at the head office, registered office or principal place of business of the body corporate.

S. 115(1B) inserted by No. 48/2017 s. 19(3), amended by No. 49/2018 s. 21(1).

    (1B)     Subject to subsection (1C), this section is in addition to, and not in derogation from, the  Interpretation of Legislation Act 1984 , the  Electronic Transactions (Victoria) Act 2000   and sections 109X and 601CX of the Corporations Act.

S. 115(1C) inserted by No. 49/2018 s. 21(2).

    (1C)     Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to service of a notice by electronic communication under this section.

    (2)     A person to whom a non-disturbance notice, improvement notice or prohibition notice is issued must as soon as possible—

        (a)     if the person is an employee, give a copy of the notice to his or her employer; or

        (b)     if the person is not an employee or is an employer who is given a copy of the notice in accordance with paragraph (a)—

              (i)     bring the notice to the attention of each other person whose work is affected by the notice; and

              (ii)     give a copy of the notice to each health and safety representative who represents employees whose work is affected by the notice; and

              (iii)     display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being performed that is affected by the notice.

Penalty:     5 penalty units for a natural person;

25 penalty units for a body corporate.

S. 115(1C) inserted by No. 49/2018 s. 21(2).

    (1C)     Section 8(1) and (2) of the Electronic Transactions (Victoria) Act 2000 do not apply to service of a notice by electronic communication under this section.



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