(1) Despite
section 81, a party to an issue may ask the regulator to appoint an inspector
to make a decision resolving the issue.
(2) The request does
not prevent —
(a) a
worker from exercising the right under Division 6 of this Part to cease work;
or
(b) a
health and safety representative from issuing a provisional improvement notice
or a direction under Division 6 of this Part to cease work.
(3) No later than 2
days after the day on which the request is made, an inspector must make a
decision resolving the issue.
(4) The
inspector’s decision is taken to be a resolution of the issue agreed by
the parties under section 81(2).
(5) Despite subsection
(3), the regulator may refuse the request if the regulator is not satisfied
that the party making the request, or any other party whom the party making
the request represents, has made reasonable efforts to achieve a resolution of
the issue under section 81(2).
(6) Subsection (3) is
also subject to section 82A.