What is the claim that can be made?
Under s 223 of the Work Health Safety Act (2011) (NSW) (WHS Act), registered organisations representing affected workers are now able to seek reviews of decisions made under the WHS Act in the following areas:
- Decision following failure to commence negotiations;
- Decision in relation to training of health and safety representative;
- Decision relating to health and safety committee;
- Decision on review of provisional improvement notice;
- Forfeiture of seized things;
- Return of seized things;
- Issue of improvement notice;
- Extension of time for compliance with improvement notice;
- Issue of prohibition notice;
- Issue of prohibited asbestos notice;
- Extension of time for compliance with prohibited asbestos notice;
- Issue of non-disturbance notice;
- Issue of subsequent notice;
- Decision of regulator to vary or cancel notice; and
- A prescribed provision of the regulations.
What is the procedure that the Commission will adopt to deal with such claims?
The Industrial Relations Commission of New South Wales will adopt the same procedure as it does with all claims under s 223 of the WHS Act.
