Victorian Current Acts

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Inspector may be required to attend workplace

    (1)     If an issue is not resolved under section 73 within a reasonable time, or an issue is the subject of a direction under section 74 that work is to cease, any of the parties attempting to resolve the issue may ask the Authority to arrange for an inspector to attend at the workplace to enquire into the issue.

    (2)     The Authority must ensure that an inspector attends at the workplace as soon as possible after the request is made.

    (3)     The inspector must, as soon as possible, enquire into the issue and may perform any of his or her functions or exercise any of his or her powers under this Act that the inspector considers reasonably necessary in the circumstances.

    (4)     If—

        (a)     the inspector issues a prohibition notice; or

        (b)     otherwise determines (in writing) that there was reasonable cause for employees to be concerned for their health or safety—

an employee who, as a result of the issue arising, does not work for any period pending its resolution but would otherwise be entitled to be paid for that period continues to be entitled to be paid for that period.

    (5)     A dispute concerning an entitlement under subsection (4) may be referred to the Magistrates' Court or to any other court or tribunal that has jurisdiction in relation to the matter.

Division 9—Discrimination against employees or prospective employees

Pt 7 Div. 9 Subdiv. 1 (Heading) inserted by No. 34/2009 s. 5.

Subdivision 1—Criminal offences and proceedings

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