Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_38:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 38 (pt 1/2)
Character Range: 2252326–2255043

38  Provisional OHS improvement notices—issue and notification

Consultation
 (1) If:
 (a) a health and safety representative for a designated work group believes, on reasonable grounds, that a person:
 (i) is contravening a provision of a listed OHS law; or
 (ii) has contravened a provision of a listed OHS law and is likely to contravene that provision again; and
 (b) the contravention affects or may affect one or more group members;
the representative must consult with the person supervising the relevant activity in an attempt to reach agreement on rectifying the contravention or preventing the likely contravention.

Issue of provisional OHS improvement notice
 (2) If, in the health and safety representative's opinion, agreement is not reached within a reasonable time, the health and safety representative may issue a provisional OHS improvement notice to any or all of the persons (each of whom is in this clause called a responsible person) responsible for the contravention.
 (3) If a responsible person is the operator, the notice may be issued to the operator by giving it to the operator's representative at the facility.
 (4) If it is not practicable to issue the notice to a responsible person (other than the operator or the supervisor) by giving it to that responsible person:
 (a) the notice may be issued to that responsible person by giving it to the person who for the time being is, or may reasonably be presumed to be, on behalf of the responsible person, in charge of the activity to which the notice relates; and
 (b) if the notice is so issued, a copy of the notice must be given to the responsible person as soon as practicable afterwards.

Content of provisional OHS improvement notice
 (5) The notice must:
 (a) specify the contravention that, in the health and safety representative's opinion, is occurring or is likely to occur, and set out the reasons for that opinion; and
 (b) specify a period that:
 (i) is not less than 7 days beginning on the day after the notice is issued; and
 (ii) is, in the representative's opinion, reasonable;
  within which the responsible person is to take action necessary to prevent any further contravention or to prevent the likely contravention, as the case may be.
 (6) The notice may specify action that the responsible person is to take during the period specified in the notice.

Extension of period
 (7) If, in the health and safety representative's opinion, it is appropriate to do so, the representative may, in writing and before the end of the period, extend the period specified in the notice.

Copy of provisional OHS improvement notice
 (8) On issuing the notice, the health and safety representative must give a copy of the notice