Smoke-free Environments Act 1990 No 108 (as at 23 July 2011), Public Act

15 Complaints relating to workplace smoking
  • (1) Where any person believes on reasonable grounds that any person has contravened any provision of this Part in so far as it relates to any workplace, the person may complain to the employer of that workplace, or to the Director-General, specifying the particulars of the complaint.

    (2) Where an employer receives a complaint under subsection (1), or a complaint is referred to an employer under section 16(2)(a), the employer shall, within 20 working days after receipt of the complaint, investigate the complaint, and, if it appears that a contravention has occurred, shall try to resolve the complaint.

    (3) Where the contravention is on the part of the employer, the employer shall settle the cause of the complaint, or give an assurance that satisfies the complainant that there will be no repetition of the cause of the complaint.

    (4) Where the contravention is on the part of an employee or volunteer, the employer shall seek to obtain from the employee or volunteer an assurance that satisfies the employer that there will be no repetition of the cause of the complaint.

    (5) The representative of the employees in the workplace shall be entitled to be present at any meeting called by the employer for the purpose of resolving the complaint and avoiding future cause for complaint.

    (6) If within 40 working days after receiving the complaint the employer is unable to investigate it and resolve it by agreement, the employer must refer it, in writing, to the Director-General.

    Section 15 heading: amended, on 10 December 2004, by section 10(1) of the Smoke-free Environments Amendment Act 2003 (2003 No 127).

    Section 15(1): amended, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).

    Section 15(4): amended, on 10 December 2004, by section 10(2) of the Smoke-free Environments Amendment Act 2003 (2003 No 127).

    Section 15(6): substituted, on 10 December 2004, by section 10(3) of the Smoke-free Environments Amendment Act 2003 (2003 No 127).