Document ID: chunk:federal_register_of_legislation:F2017C00695:reg:17:p1
Version: federal_register_of_legislation:F2017C00695
Segment Type: reg
Provision Reference: reg 17 (pt 1/8)
Character Range: 14767–17720

17  Transitional provision for the Occupational Health and Safety (Maritime Industry) Amendment (Incident Notification and Reporting) Regulations 2017
  If, in the 3 months beginning on the day this regulation commences, a person:
 (a) gives a notice in accordance with subregulation 12(4) as in force immediately before the commencement of this regulation; or
 (b) gives a report in accordance with subregulation 13(4) as in force immediately before the commencement of this regulation;
the notice or report is taken to have been given in accordance with these Regulations as amended by the Occupational Health and Safety (Maritime Industry) Amendment (Incident Notification and Reporting) Regulations 2017.

Schedule—Forms
(subregulation 2(2))

Form 1—Provisional improvement notice
(regulation 6)
OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) REGULATIONS
Provisional improvement notice

To the person in command of (insert name of prescribed ship or prescribed unit)

I, (insert name of the health and safety representative issuing the notice), selected as the health and safety representative under section 41 of the Occupational Health and Safety (Maritime Industry) Act 1993 for (insert name of the prescribed ship or prescribed unit), after consultation in accordance with subsection 57(1) of the Act, believe that the following contravention of the Act or Regulations is occurring, or has occurred and is likely to occur again:

The contravention is (give a brief description)

The contravention is occurring at (specify location)

The reasons for my opinion are as follows:
(give reasons briefly)

In accordance with paragraph 58(2)(c) of the Act, action necessary to prevent the contravention, or the likely contravention, of the provision or provisions referred to above must be taken before (insert the date of a day that is:

    (page 2 of Form 1)

         (a) not less than 7 days after the day when the notice is issued; and
         (b) reasonable in the opinion of the health and safety representative).

In the meantime, the following action should be taken in accordance with subsection 58(3) of the Act:

(give a brief description)

Dated

(signature)
Health and safety representative

Notes:

    1. Under subsection 59(1) of the Act, a person to whom a provisional improvement notice is given may, within 7 days, request the Inspectorate or an inspector to conduct an investigation into the subject matter of the notice.

    2. Under subsection 59(2) of the Act, the operation of a provisional improvement notice is suspended if a request is made for an investigation into the subject matter of the notice.  The suspension remains in effect until an inspector makes a determination that confirms, varies or cancels the notice.

    3. Subsection 60(1) of the Act requires the person in command to whom a provisional improvement notice is given:
        • to notify each employee who is affected by the notice of the