Health and Safety at Work Act 2015
Sections and provisions with full text and the judgments that cite each one.
Section 102 — Content of improvement notices
102 Content of improvement notices (1) An improvement notice must state— (a) that the inspector believes the person— (i) is contravening a provision of this Act or regulations; or (ii) is likely to…
Section 103 — Compliance with improvement notice
103 Compliance with improvement notice (1) A person who has been issued with an improvement notice must comply with the notice within the period specified in the notice. (2) A person who contravenes…
Section 104 — Extension of time for compliance with improvement notices
104 Extension of time for compliance with improvement notices (1) This section applies if a person has been issued with an improvement notice. (2) An inspector may, by written notice given to the…
Section 105 — Power to issue prohibition notice
105 Power to issue prohibition notice (1) This section applies if,— (a) an inspector reasonably believes that— (i) an activity is occurring at a workplace that involves or will involve a serious risk…
Section 106 — Content of prohibition notice
106 Content of prohibition notice (1) A prohibition notice must— (a) state that the inspector believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and…
Section 107 — Compliance with prohibition notice
107 Compliance with prohibition notice (1) A person to whom a direction is given under section 105(2) or to whom a prohibition notice is issued must comply with the direction or notice. (2) A person…
Section 108 — Power to issue non-disturbance notice
108 Power to issue non-disturbance notice An inspector may issue a non-disturbance notice to a PCBU who manages or controls a workplace if the inspector reasonably believes that it is necessary to do…
Section 109 — Content of non-disturbance notice
109 Content of non-disturbance notice (1) A non-disturbance notice may require a person to— (a) preserve the site at which a notifiable event has occurred for a specified period; or (b) prevent the…
Section 110 — Compliance with non-disturbance notice
110 Compliance with non-disturbance notice (1) A person must not, without reasonable excuse, refuse or fail to comply with a non-disturbance notice issued to the person. (2) A person who contravenes…
Section 111 — Issue of subsequent non-disturbance notices
111 Issue of subsequent non-disturbance notices (1) If an inspector considers it necessary to do so, he or she may issue 1 or more subsequent non-disturbance notices to a person, whether before or…
Section 112 — General provisions relating to notices
112 General provisions relating to notices (1) A notice must be in writing. (2) A notice may be addressed to any person under the person’s legal name or usual business name or style. Compare: 1992 No…
Section 113 — Changes to notice by inspector
113 Changes to notice by inspector An inspector or a health and safety medical practitioner (as the case may be) may make minor changes to a notice— (a) for clarification; or (b) to correct errors or…
Section 114 — Regulator may vary or cancel notice
114 Regulator may vary or cancel notice Except as provided in section 113 , a notice issued by an inspector or a health and safety medical practitioner may be varied or cancelled only by the…
Section 115 — Formal irregularities or defects in notice
115 Formal irregularities or defects in notice A notice is not invalid merely because of— (a) any defect, irregularity, omission, or want of form in the notice unless the defect, irregularity,…
Section 116 — Issue of notice
116 Issue of notice (1) A notice may be issued to a person— (a) by delivering it personally to the person; or (b) by sending it to the person— (i) by post to the person’s usual or last known place of…
Section 117 — Display of notice at workplace by person issued with notice
117 Display of notice at workplace by person issued with notice (1) A person to whom a notice (other than a suspension notice) is issued must, as soon as practicable, display a copy of the notice in…
Section 118 — Inspector may display notice
118 Inspector may display notice (1) An inspector who issues a notice under section 116 may, either before or after issuing the notice, display a copy of the notice in a prominent place at or near…
Section 119 — When regulator may carry out remedial action
119 When regulator may carry out remedial action (1) This section applies if a person to whom a prohibition notice is issued fails to take reasonable steps to comply with the notice. (2) The…
Section 120 — Power of regulator to take other remedial action
120 Power of regulator to take other remedial action (1) This section applies if the regulator reasonably believes that— (a) circumstances exist in which a prohibition notice can be issued; and (b) a…
Section 121 — Costs of remedial or other action
121 Costs of remedial or other action The regulator may recover as a debt due to the regulator the reasonable costs of any remedial action taken under— (a) section 119 from the person to whom a…
Section 122 — Civil proceedings relating to non-compliance with notice
122 Civil proceedings relating to non-compliance with notice (1) On an application by the regulator, a District Court may make an order— (a) compelling a person to comply with a notice; or (b)…
Section 123 — Regulator may accept enforceable undertakings
123 Regulator may accept enforceable undertakings (1) The regulator may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an…
Section 124 — Notice of decision and reasons for decision
124 Notice of decision and reasons for decision (1) The regulator must give the person seeking to make an enforceable undertaking written notice of— (a) its decision to accept or reject the…
Section 125 — When enforceable undertaking is enforceable
125 When enforceable undertaking is enforceable An enforceable undertaking takes effect and becomes enforceable when the regulator’s decision to accept the undertaking is given to the person who made…
Section 126 — Compliance with enforceable undertaking
126 Compliance with enforceable undertaking (1) A person must not contravene an enforceable undertaking given by that person that is in force. (2) A person who contravenes subsection (1) commits an…
Section 127 — Contravention of enforceable undertaking
127 Contravention of enforceable undertaking (1) The regulator may apply to a District Court for an order if a person contravenes an enforceable undertaking. (2) If the court is satisfied that the…
Section 128 — Withdrawal or variation of enforceable undertaking
128 Withdrawal or variation of enforceable undertaking (1) A person who has given an enforceable undertaking may at any time, with the written agreement of the regulator,— (a) withdraw the…
Section 129 — Proceedings for alleged contravention
129 Proceedings for alleged contravention (1) Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations may be…
Section 130 — Interpretation
130 Interpretation In this subpart, unless the context otherwise requires,— appealable decision means any of the following: (a) a reviewable decision, but only if that decision has been subject to…
Section 131 — Application for internal review
131 Application for internal review (1) An eligible person in relation to a reviewable decision may apply to the regulator for review (an internal review ) of the decision within— (a) the specified…
Section 132 — Decision of regulator
132 Decision of regulator (1) The regulator must review the reviewable decision and make a decision— (a) as soon as practicable; and (b) within 14 days after the application for internal review is…
Section 133 — Notice of decision on internal review
133 Notice of decision on internal review As soon as practicable after making a decision in accordance with section 132 , the regulator must give the applicant in writing— (a) the decision on the…
Section 134 — Stay of reviewable decision on internal review
134 Stay of reviewable decision on internal review (1) If an application is made for an internal review of a decision to issue a notice, the regulator may stay the operation of the decision. (2) The…
Section 135 — Application for appeal
135 Application for appeal (1) An eligible person may appeal to a District Court against an appealable decision on the grounds that it is unreasonable. (2) The appeal must be lodged within 14 days…
Section 136 — Interpretation
136 Interpretation In this subpart,— infringement fee , in relation to an infringement offence, means the infringement fee for the offence prescribed for the purposes of this section in regulations…
Section 137 — Proceedings for infringement offence
137 Proceedings for infringement offence (1) A person who is alleged to have committed an infringement offence may either— (a) be proceeded against by the filing of a charging document under section…
Section 138 — Infringement notices
138 Infringement notices (1) The regulator may issue an infringement notice to a person if the regulator believes on reasonable grounds that the person is committing, or has committed, an…
Section 139 — Revocation of infringement notice
139 Revocation of infringement notice (1) The regulator may revoke an infringement notice issued under section 138 before the infringement fee is paid or an order for payment of a fine is made or…
Section 140 — Payment of infringement fees
140 Payment of infringement fees All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Compare: 1992 No 96 s 56G
Section 141 — Meaning of enforcement action
141 Meaning of enforcement action In this subpart, unless the context otherwise requires, enforcement action means,— (a) in relation to the regulator, the filing of a charging document under section…
Section 142 — Person may notify regulator of interest in knowing of enforcement action taken by regulator
142 Person may notify regulator of interest in knowing of enforcement action taken by regulator (1) A person may notify the regulator in the manner determined by the regulator that the person has an…
Section 143 — Prosecutions by regulator
143 Prosecutions by regulator Subject to section 144 , a prosecution for an offence under this Act may be brought only by the regulator. Compare: 1992 No 96 s 54A
Section 144 — Private prosecutions
144 Private prosecutions (1) A person other than the regulator may file a charging document in respect of an offence under this Act if— (a) the regulator has not taken, and does not intend to take,…
Section 145 — Continuing or repeated matters
145 Continuing or repeated matters Nothing in this Act prevents the regulator or another person from taking enforcement action in respect of an incident, situation, or set of circumstances despite…
Section 146 — Limitation period for prosecutions brought by regulator
146 Limitation period for prosecutions brought by regulator (1) Despite section 25 of the Criminal Procedure Act 2011, proceedings for an offence under this Act may be brought by the regulator within…
Section 147 — Extension of time if regulator needs longer to decide whether to bring prosecution
147 Extension of time if regulator needs longer to decide whether to bring prosecution (1) This section applies if the regulator considers that it will not be able to file a charging document by the…
Section 148 — Limitation period for private prosecutions
148 Limitation period for private prosecutions Despite section 25 of the Criminal Procedure Act 2011, proceedings for an offence against this Act may be brought by a person other than the regulator…
Section 149 — Certain proceedings may be brought after end of limitation period if fresh evidence discovered
149 Certain proceedings may be brought after end of limitation period if fresh evidence discovered Despite anything in section 146 , 147 , or 148 , the following proceedings may be brought after the…
Section 150 — Application of subpart
150 Application of subpart This subpart applies if a court convicts a person (an offender ) or finds an offender guilty of an offence under this Act. Compare: Model Work Health and Safety Act (Aust)…
Section 151 — Sentencing criteria
151 Sentencing criteria (1) This section applies when a court is determining how to sentence or otherwise deal with an offender convicted of an offence under section 47 , 48 , or 49 . (2) The court…