Victorian Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 (NO 107 OF 2004) - SECT 115

    (1)     A non-disturbance notice, improvement notice or prohibition notice may be issued to a person by—

        (a)     delivering it personally to the person or sending it by post or facsimile to the person's usual or last known place of residence or business; or

        (b)     leaving it for the person at the person's usual or last known place of residence or business with a person who is apparently over 16 years and who apparently resides or works there; or

        (c)     leaving it for the person at the workplace to which the notice relates with a person who is apparently over 16 years and who apparently is the occupier for the time being of the workplace.

    (2)     A person to whom a non-disturbance notice, improvement notice or prohibition notice is issued must as soon as possible—

        (a)     if the person is an employee, give a copy of the notice to his or her employer; or

        (b)     if the person is not an employee or is an employer who is given a copy of the notice in accordance with paragraph (a)—

              (i)     bring the notice to the attention of each other person whose work is affected by the notice; and

              (ii)     give a copy of the notice to each health and safety representative who represents employees whose work is affected by the notice; and

              (iii)     display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being performed that is affected by the notice.

Penalty:     5 penalty units for a natural person;

25 penalty units for a body corporate.