Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An improvement
notice or prohibition notice may, in accordance with this section, be referred
for review to the Commissioner by —
(a) the
person issued with the notice; or
(b) the
employer (if any) of the person issued with the notice.
(2) A reference under
subsection (1) may be made in the prescribed form —
(a) in
the case of an improvement notice, within the time specified in the notice as
the time before which the notice is required to be complied with;
(b) in
the case of a prohibition notice, within 7 days of the issue of the
notice or such further time as may be allowed by the Commissioner.
[(3), (4) deleted]
(5) On the reference
under this section of an improvement notice or a prohibition notice for
review, the Commissioner shall inquire into the circumstances relating to the
notice and may —
(a)
affirm the notice; or
(b)
affirm the notice with such modifications as seem appropriate; or
(c)
cancel the notice,
and, subject to
section 51A, the notice shall have effect or, as the case may be, cease
to have effect, accordingly.
(6) The Commissioner
shall give to the person that referred the matter for review, and to any other
person that was entitled under subsection (1) to refer the notice for
review, a notice in writing of the decision on the reference and of the
reasons for that decision.
(6a) In dealing with a
reference for the review of a prohibition notice the Commissioner may refer to
an expert chosen by the Commissioner such matters as appear appropriate and
may accept the advice of that expert.
(7) Pending the
decision on a reference under this section for the review of a notice, the
operation of the notice shall —
(a) in
the case of an improvement notice, be suspended; and
(b) in
the case of a prohibition notice, continue, subject to any decision to the
contrary made by the Commissioner.
[Section 51 inserted by No. 43 of 1987
s. 13; amended by No. 30 of 1995 s. 37; No. 51 of 2004
s. 97 and 103.]