Document ID: chunk:federal_register_of_legislation:C2015C00248:section:100
Version: federal_register_of_legislation:C2015C00248
Segment Type: section
Provision Reference: s 100
Character Range: 98057–100239

100  Appeals
 (1) This section applies to the following decisions of an inspector:
 (a) to confirm or vary a provisional improvement notice under section 59;
 (b) to cancel a provisional improvement notice under section 59;
 (c) to take possession of plant, a substance, or a thing at a workplace under section 91;
 (d) to direct that a workplace, or a part of a workplace, plant, a substance or a thing not be disturbed under section 92;
 (e) to issue a prohibition notice under section 93;
 (f) that the operator to whom a prohibition notice is issued has not taken adequate action to remove the threat to health or safety that caused the notice to be issued under section 93;
 (g) that the operator, to whom a prohibition notice has been issued, has taken adequate action to remove the threat to health or safety that caused the notice to be issued under section 93;
 (h) to issue an improvement notice under section 98.
 (2) An appeal may be made to the reviewing authority against a decision referred to in paragraphs (1)(a), (c), (d), (e), (f) and (h) (inclusive) by:
 (a) the operator affected by the decision; or
 (b) a person in command to whom a notice has been issued under subsection 581(1) or 98(1); or
 (c) a person to whom a notice has been given under subsection 58(5); or
 (d) the health and safety representative for a designated work group that includes an employee affected by the decision; or
 (e) an involved union in relation to such a designated work group; or
 (f) if there is no such designated work group—an involved union in relation to an employee who is affected by the decision; or
 (g) a person who owns any plant, substance or thing to which the decision referred to in paragraph (1)(a), (c), (d) or (h) relates.
 (3) An appeal may be made to the reviewing authority against a decision referred to in paragraph (1)(b) or (g) by:
 (a) a health and safety representative for a designated work group that includes an employee affected by the decision; or
 (b) an involved union in relation to such a designated work group; or
 (c) if there is no such designated work group—an involved union in relation to an employee who is affected by the decision.