Commonwealth Numbered Regulations

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION RULES 1998 No. 1 - REG 76

(1) An appeal, under section 48 of the OHS (CE) Act, to the Commission as the
reviewing authority must be instituted by lodging with a Registrar a notice of
appeal in accordance with Form R53 and 3 copies of the notice, together with 3
copies of:

   (a)  the investigator's decision under appeal; and

   (b)  any notices issued relating to the decision under appeal; and

   (c)  any other document in the possession of the appellant that is relevant
        to the decision under appeal.

(2) An appeal must be instituted before the end of 14 days after the date of
the decision appealed against or, on application, within such further time as
is allowed by the Commission.

(3) An application to the Commission for leave to institute an appeal after
the 14 days mentioned in subrule (2) must be made in accordance with Form R54.

(4) If an appellant seeks an order under subsection 48 (3) of the OHS (CE) Act
(that is, an order that the making of the appeal does affect the operation of
the decision or prevent the taking of action to implement the decision), the
notice of appeal must include an application to that effect.

(5) If a person seeks an order under subsection 48 (4) or (5) of the OHS (CE)
Act (that is, an order that the operation of the relevant notice under section
29, or the relevant decision under section 47, of that Act, as the case may
be, not be suspended pending determination of the appeal), the notice of
appeal must include an application to that effect.

(6) On lodging a notice of appeal under subsection 48 (1) of the OHS (CE) Act,
the appellant must, as soon as practicable, serve a copy of the documents
lodged in accordance with subrule (1) on:

   (a)  the investigator who made the decision under appeal; and

   (b)  the relevant employer affected by the decision; and

   (c)  any person to whom a notice has been issued under subsection 29 (2),
        or subsection 47 (1), of the OHS (CE) Act; and

   (d)  if there is a designated work group that includes an employee affected
        by the decision:

        (i)    the health and safety representative for that group; and

        (ii)   the involved union in relation to that group; and

   (e)  if there is no designated work group that includes an employee
        affected by the decision-the involved union in relation to an employee
        of the employer, being an employee who is affected by the decision;
        and

   (f)  a person who owns a workplace, plant, substance or thing to which the
        decision relates; and

   (g)  the Chief Executive Officer of Comcare; and

   (h)  the First Assistant Secretary, Australian Government Employment Group
        of the Department of Workplace Relations and Small Business.

(7) On lodging a notice of appeal under subsection 48 (2) of the OHS (CE) Act,
the appellant must, as soon as practicable, serve a copy of the notice of
appeal and documents lodged in accordance with subrule (1) on:

   (a)  the investigator who made the decision under appeal; and

   (b)  the relevant employer affected by the decision; and

   (c)  if there is a designated work group that includes an employee affected
        by the decision:

        (i)    the health and safety representative for that group; and

        (ii)   the involved union in relation to that group; and

   (d)  if there is no designated work group that includes an employee
        affected by the decision-the involved union in relation to an employee
        of the employer, being an employee who is affected by the decision;
        and

   (e)  the Chief Executive Officer of Comcare; and

   (f)  the First Assistant Secretary, Australian Government Employment Group
        of the Department of Workplace Relations and Small Business.

(8) On the Commission fixing a time and place for the hearing of the appeal, a
Registrar must give notice to:

   (a)  the appellant; and

   (b)  the investigator who made the decision under appeal; and

   (c)  if there is a designated work group that includes an employee affected
        by the decision:

        (i)    the health and safety representative for that group; and

        (ii)   the involved union in relation to that group; and

   (d)  if there is no designated work group that includes an employee
        affected by the decision-the involved union in relation to an employee
        of the employer, being an employee who is affected by the decision;
        and

   (e)  the Chief Executive Officer of Comcare; and

   (f)  the First Assistant Secretary, Australian Government Employment Group
        of the Department of Workplace Relations and Small Business; and

   (g)  any other person, if the Commission so directs.