Subpart 5—Duties to preserve sites and notify notifiable events

55 Duty to preserve sites

(1)

A PCBU who manages or controls a workplace at which a notifiable event has occurred must take all reasonable steps to ensure that the site where the event occurred is not disturbed until authorised by an inspector.

(2)

Subsection (1) does not prevent any action—

(a)

to assist an injured person; or

(b)

to remove a deceased person; or

(c)

that is essential to make the site safe or to minimise the risk of a further notifiable event; or

(d)

that is done by, or under the direction of, a constable acting in execution of his or her duties; or

(e)

for which an inspector or the regulator has given permission.

(3)

Subsection (1) does not apply if the notifiable event is being investigated under the Armed Forces Discipline Act 1971 or the Transport Accident Investigation Commission Act 1990.

(4)

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

(5)

For the purposes of this section, a site

(a)

includes any plant, substance, structure, or thing associated with the notifiable event; but

(b)

does not include any particular site in prescribed circumstances.

Compare: Model Work Health and Safety Act (Aust) s 39