Document ID: chunk:federal_register_of_legislation:C2007C00176:clause:1_50
Version: federal_register_of_legislation:C2007C00176
Segment Type: clause
Provision Reference: sch 1 cl 50
Character Range: 29441–30836

50  Subsections 77(1) and (2)
Repeal the subsections, substitute:

 (1) Proceedings for a breach of this Act or the regulations may be instituted by Comcare or by an investigator.

 (2) A health and safety representative for a designated work group may request Comcare to institute proceedings for a breach of this Act or the regulations in relation to the occurrence of an act or omission if:
 (a) a period of 6 months has elapsed since the act or omission occurred; and
 (b) the health and safety representative considers that the occurrence of the act or omission constitutes a breach of this Act or the regulations; and
 (c) proceedings in respect of the breach have not been instituted.

 (2A) An employee representative in relation to a designated work group may request Comcare to institute proceedings for a breach of this Act or the regulations in relation to the occurrence of an act or omission if:
 (a) a period of 6 months has elapsed since the act or omission occurred; and
 (b) the employee representative considers that the occurrence of the act or omission constitutes a breach of this Act or the regulations; and
 (c) proceedings in respect of the breach have not been instituted; and
 (d) an employee included in the group requests the employee representative to request Comcare to institute the proceedings.

 (2B) A request under subsection (2) or (2A) must be in writing.