Document ID: chunk:federal_register_of_legislation:C2024A00043:clause:1_78g
Version: federal_register_of_legislation:C2024A00043
Segment Type: clause
Provision Reference: sch 1 cl 78G
Character Range: 48512–50446

78G  OHS inspections on dive vessels—OHS improvement notices (issue)

When a notice may be issued
 (1) A NOPSEMA inspector may issue a notice (an OHS improvement notice) to a person covered by subclause (2) (the responsible person), in writing, under this clause if, in conducting an OHS inspection on a dive vessel, the inspector is satisfied on reasonable grounds that:
 (a) the responsible 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) as a result, there is, or may be, a risk to the health or safety of any person; and
 (c) that risk is directly related to the diving operations being carried out on or from the dive vessel.
Note: The notice will be published on NOPSEMA's website (see clause 80AA).

Responsible person for the notice
 (2) This subclause covers the following persons:
 (a) the diving contractor for the diving operations being carried out on or from the dive vessel;
 (b) the diving supervisor for those diving operations.

Contents of notice
 (3) The notice must:
 (a) specify the contravention that the NOPSEMA inspector is satisfied on reasonable grounds is occurring, or has occurred and is likely to occur again, and set out those grounds; and
 (b) specify the risk to health or safety mentioned in paragraph (1)(b); and
 (c) specify action that the inspector is satisfied on reasonable grounds is required to be taken by the responsible person to reduce or prevent the risk; and
 (d) specify a period within which the responsible person is to take the action.

Period of notice and action to be taken
 (4) The period specified in the notice must be reasonable.
 (5) If the NOPSEMA inspector is satisfied on reasonable grounds that it is appropriate to do so, the NOPSEMA inspector may, in writing and before the end of the period, extend the period specified in the notice.