Commonwealth Numbered Acts

NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION ACT 1985 No. 35, 1985 - SECT 41

41. (1) A Commissioner shall report his or her findings and recommendations to
the Commission and shall, after so reporting but subject to any direction
under sub-section 43 (2)-

   (a)  make public those findings and recommendations; and

   (b)  give a copy of those findings and recommendations to the Minister.

(2) The Minister shall cause a copy of a report given under paragraph (1) (b)
to be laid before each House of the Parliament within 15 sitting days of that
House after the receipt of the report.

(3) Where the Commission directs that an inquiry be conducted in respect of a
matter that relates to the exercise of a power conferred on it by this Act or
any other law then, subject to this Act or that law-

   (a)  the Commission may exercise that power notwithstanding that it has
not received the findings and recommendations of the Commissioner;
and

   (b)  in the exercise of that power the Commission may have regard to
matters other than those findings or recommendations.

(4) Where the Commissioner or adviser has or acquires an interest, pecuniary
or otherwise, that could conflict with the proper performance of his or her
functions in relation to the conduct of an inquiry, the interest shall be
disclosed in the report resulting from the inquiry.