2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 2 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT UPDATED

DESCRIPTION OF POWER DELEGATED                                               LEGISTATION
Power to ask the regulator to appoint an inspector to attend the workplace   Section 89
to assist in resolving an issue arising from a cessation of work.
Power to give a copy of the provisional improvement notice to the            Section 97A
regulator.
Power to give the industrial registrar written notice of the dispute.        Section 102B
Power to appeal a decision of the Commission given under Part 5,             Section 102G
Division 7A.
Power, as a person conducting a business or undertaking, to appoint a        Section 103A
work health and safety officer for that business or undertaking.
Power, as a person conducting a business or undertaking, to instruct a       Section 103F
work health and safety officer to take reasonable action to eliminate or
minimise risks to health and safety.
Power to apply to the Magistrates Court for an order under section 112       Section 112
about engaging in or inducing discriminatory or coercive conduct.
Power to apply to the Commission to revoke a WHS entry permit.               Section 138
Power to appeal a decision of the commission.                                Section 140
Power to ask the regulator to appoint an inspector to attend the             Section 141
workplace to assist in resolving the dispute.
Power, as receiver of a direction from the inspector under section           Section 141A
131A(2) to comply with it.
Power to apply to the Commission for it to deal with the dispute.            Section 142(4)
Power to appeal a decision of the Commission.                                Section 142A
Power to apply to the regulator for the return of a seized thing.            Section 180
Power to demand that the regulator allow the CEO to inspect a seized         Section 181
thing and if the seized thing is a document to make copies of it.
Power to claim compensation from the State.                                  Section 184
Power to make a written undertaking (a WHS undertaking) in                   Section 216
connection with a matter relating to a contravention or alleged
contravention of the Work Health and Safety Act.
Power, as a person who has made a WHS undertaking, to at any time,           Section 221
with the agreement of the regulator, withdraw the undertaking or vary
the undertaking.
Power, as an eligible person in relation to a reviewable decision to         Section 224
apply to the regulator for an internal review of the decision.
Power, as an eligible person to apply to the external review body for        Section 229 to 229E
review of a reviewable decision made by the regulator or a decision
made, or taken to have been made, on an internal review.
Power to appeal a decision of the commission.                                Section 229F
Power to, in the circumstances provided in subsections (1) or (1A),          Sections 231(1) and
make a written request to the WHS prosecutor that a prosecution be           (1A)
brought.
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