South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 223

223—Which decisions are reviewable

        (1)         The following table sets out:

            (a)         decisions made under this Act that are reviewable in accordance with this Part ("reviewable decisions"); and

            (b)         who is eligible to apply for review of a reviewable decision (the "eligible person").

Item	Provision under which reviewable decision is made	Eligible person in relation to reviewable decision
1	Section 54(2) (decision following failure to commence negotiations)	(1)         A worker whose interests are affected by the decision or his or her representative appointed for the purpose of section 52(1)(b).
		(2)         A person conducting a business or undertaking whose interests are affected by the decision.
		(3)         A health and safety representative who represents a worker whose interests are affected by the decision.
2	Section 72(7) (decision in relation to training of health and safety representative)	(1)         A person conducting a business or undertaking whose interests are affected by the decision.
		(2)         A health and safety representative whose interests are affected by the decision.
3	Section 76(6) (decision relating to health and safety committee)	(1)         A worker whose interests are affected by the decision.
		(2)         A person conducting a business or undertaking whose interests are affected by the decision.
		(3)         A health and safety representative who represents a worker whose interests are affected by the decision.
4	Section 102 (decision on review of provisional improvement notice)	(1)         The person to whom the provisional improvement notice was issued.
		(2)         The health and safety representative who issued the provisional improvement notice.
		(3)         A worker whose interests are affected by the decision.
		(4)         A health and safety representative who represents a worker whose interests are affected by the decision.
		(5)         A person conducting a business or undertaking whose interests are affected by the decision.
5	Section 179 (forfeiture of thing)	The person entitled to the thing.
6	Section 180 (return of seized things)	The person entitled to the thing.
7	Section 191 (issue of improvement notice)	(1)         The person to whom the notice was issued.
		(2)         A person conducting a business or undertaking whose interests are affected by the decision.
		(3)         A worker whose interests are affected by the decision.
		(4)         A health and safety representative who represents a worker whose interests are affected by the decision.
8	Section 194 (extension of time for compliance with improvement notice)	(1)         The person to whom the notice was issued.
		(2)         A person conducting a business or undertaking whose interests are affected by the decision.
		(3)         A worker whose interests are affected by the decision.
		(4)         A health and safety representative who represents a worker whose interests are affected by the decision.
9	Section 195 (issue of prohibition notice)	(1)         The person to whom the notice was issued.
		(2)         The person with management or control of the workplace, plant or substance.
		(3)         A person conducting a business or undertaking whose interests are affected by the decision.
		(4)         A worker whose interests are affected by the decision.
		(5)         A health and safety representative who represents a worker whose interests are affected by the decision.
		(6)         A health and safety representative who gave a direction under section 85 to cease work, that is relevant to the prohibition notice.
10	Section 198 (issue of a non-disturbance notice)	(1)         The person to whom the notice was issued.
		(2)         The person with management or control of the workplace.
		(3)         A person conducting a business or undertaking whose interests are affected by the decision.
		(4)         A worker whose interests are affected by the decision.
		(5)         A health and safety representative who represents a worker whose interests are affected by the decision.
11	Section 201 (issue of subsequent notice)	(1)         The person to whom the notice was issued.
		(2)         The person with management or control of the workplace.
		(3)         A person conducting a business or undertaking whose interests are affected by the decision.
		(4)         A worker whose interests are affected by the decision.
		(5)         A health and safety representative who represents a worker whose interests are affected by the decision.
12	Section 207 (decision of regulator to vary or cancel notice)	(1)         The person to whom the notice was issued.
		(2)         The person with management or control of the workplace.
		(3)         A person conducting a business or undertaking whose interests are affected by the decision.
		(4)         A worker whose interests are affected by the decision.
		(5)         A health and safety representative who represents a worker whose interests are affected by the decision.
		(6)         In the case of a prohibition notice, a health and safety representative whose direction under section 85 to cease work gave rise to the notice.
13	A prescribed provision of the regulations	A person prescribed by the regulations as eligible to apply for review of the reviewable decision.

        (1a)         A reference in the table in subsection (1) to a person conducting a business or undertaking or to a worker includes a representative of such a person or worker.

        (2)         Unless the contrary intention appears, a reference in this Part to a decision includes a reference to—

            (a)         making, suspending, revoking or refusing to make an order, determination or decision; or

            (b)         giving, suspending, revoking or refusing to give a direction, approval, consent or permission; or

            (c)         issuing, suspending, revoking or refusing to issue an authorisation; or

            (d)         imposing a condition; or

            (e)         making a declaration, demand or requirement; or

            (f)         retaining, or refusing to deliver up, a thing; or

            (g)         doing or refusing to do any other act or thing.

        (3)         In this section—

"person entitled" to a thing means the person from whom it was seized unless that person is not entitled to possess it, in which case it means the owner of the thing.