Document ID: chunk:federal_register_of_legislation:C2024C00243:section:90
Version: federal_register_of_legislation:C2024C00243
Segment Type: section
Provision Reference: s 90
Character Range: 132650–134079

90  Provisional improvement notices
 (1) This section applies if a health and safety representative reasonably believes that a person:
 (a) is contravening a provision of this Act; or
 (b) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated.
 (2) The health and safety representative may issue a provisional improvement notice requiring the person to:
 (a) remedy the contravention; or
 (b) prevent a likely contravention from occurring; or
 (c) remedy the things or operations causing the contravention or likely contravention.
 (3) However, the health and safety representative must not issue a provisional improvement notice to a person unless he or she has first consulted the person.
 (4) A health and safety representative cannot issue a provisional improvement notice unless the representative has:
 (a) completed initial training prescribed by the regulations referred to in section 72(1)(b); or
 (b) previously completed that training when acting as a health and safety representative for another work group; or
 (c) completed training equivalent to that training under a corresponding WHS law.
 (5) A health and safety representative cannot issue a provisional improvement notice in relation to a matter if an inspector has already issued (or decided not to issue) an improvement notice or prohibition notice in relation to the same matter.