NSW Work Health & Safety Act

1. NSWWork Health & Safety Act Module: Reviewable Decisions WHS Act

2. About this Module Purpose:To outline what decisions can be reviewed and who is eligible to apply for review WHS Act

3. Learning Outcomes The key learning outcomes of this module are: • Understanding of how decisions are reviewed under the WHS Act • Understanding of the changes from the current NSW legislation on reviewable decisions • Capacity to initiate a review WHS Act

4. What we currently have to do What are the existing arrangements for employers wanting to have decisions reviewed? WHS Act

5. OHS Act 2000 • Current NSW OHS Act has provisions about reviews of Notices and the gives the opportunity to have both aninternal review and external appeal (Industrial Magistrate) • Other matters are also subject to review by the Administrative Decisions Tribunal as set out in the OHS Regulations WHS Act

6. OHS Act 2000 • Review of an Improvement Notice must be sought within 7 days • If not satisfied with the result of the internal review an external appeal can be sought • After the application received by WorkCover matter is stayed until review complete WHS Act

7. OHS Act 2000 • Review of an Prohibition Notice must be sought within 7 days • If not satisfied with the result of the internal review an external appeal can be sought • Prohibition Notice remains in force unless an external appeal is sought and it is stayed by the Court WHS Act

8. OHS Regulation 2001 The regulation outlines matters that a person can seek a review from the Administrative Decisions Tribunal including: 1 4 2 3 • Plant registration matters • Trainer accreditation matters • Licensing matters • Exemption matters WHS Act

9. What is different in WHS Act about Reviewable Decisions? The Act provisions are broadly similar but NSW regulation does not include an internal review step - applicants go directly to a review by the Administrative Decisions Tribunal Differences in external review bodies (Industrial Magistrate v Industrial Relations Commission (IRC)) WHS Act

10. Overview of WHS Act • The WHS Act lists reviewable decisions and establishes procedures for internal review by the regulator and arrangements for external reviewby the IRC. • Those able to apply for review include PCBU, workers and HSRsif their interest are affected by the decision WHS Act

11. Overview of WHS Act • Typical matters for review under the Act include Improvement and Prohibition Notices • Other matters include disputes about work groups, about HSR training courses and about the make up of H&S committees. • The Act also refers certain matters for review to be prescribed in the regulations WHS Act

12. How an Improvement Notice is reviewed under the WHS Act : WHS Act

13. How a Prohibition Notice is reviewed under the WHS Act : WHS Act

14. What the WHS Regulation covers : • The model regulations extend the number of matters subject to review. The matters are primarily administrativeand relate to decisions about: • Registration • Licences • Accreditation • Registration • Certification • Exemptions WHS Act

15. What is the likely impact of these changes? • Little change to Act review process particularly with Notices • Little change* with regulations except an internal review step included • IRC and Administrative Decisions Tribunal likely to remain as externalreviewing bodies WHS Act

16. Assessment questions Who can seek a review of a decision under the WHS Act? Is there any difference in the process for appealing an Improvement Notice under the WHS Act? Can you seek an external review if you are dissatisfied with the internal review? WHS Act