Division 1 Appointment of inspectors

156   Appointment of inspectors

The regulator may, by instrument, appoint any of the following as an inspector:

(a)  an officer or employee of a public authority,

(b)  the holder of a statutory office,

(c)  a person who is appointed as an inspector under a corresponding WHS law,

(d)  a person in a prescribed class of persons.

156A   Special provision for mining and coal workplace inspectors

(1)  An inspector appointed under section 156 (an appointed inspector) is not authorised to exercise functions under this Act in relation to a mining workplace or a coal workplace.

(2)  A person who is a government official under the Mine Health and Safety Act 2004 is deemed to be an inspector (a mines WHS inspector) for the purposes of this Act. A mines WHS inspector is only authorised to exercise functions under this Act in relation to a mining workplace, but may exercise compliance powers in relation to premises other than a mining workplace for the purpose of investigating any matter under this Act in relation to a mining workplace.

(3)  A person who is a government official under the Coal Mine Health and Safety Act 2002 is deemed to be an inspector (a coal mines WHS inspector) for the purposes of this Act. A coal mines WHS inspector is only authorised to exercise functions under this Act in relation to a coal workplace, but may exercise compliance powers in relation to premises other than a coal workplace for the purpose of investigating any matter under this Act in relation to a coal workplace.

(4)  An inspector’s identity card for a mines WHS inspector or coal mines WHS inspector is to be issued by the Minister or a person authorised by the Minister, instead of by the regulator.

(5)  A single identity card may be issued to a person in relation to functions to be exercised as an inspector under this Act and functions to be exercised under the Coal Mine Health and Safety Act 2002 or the Mine Health and Safety Act 2004, or both.

157   Identity cards

(1)  The regulator must give each inspector an identity card that states the person’s name and appointment as an inspector and includes any other matter prescribed by the regulations.

(2)  An inspector must produce his or her identity card for inspection on request when exercising compliance powers.

(3)  If a person to whom an identity card has been issued ceases to be an inspector, the person must return the identity card to the regulator as soon as practicable.

158   Accountability of inspectors

(1)  An inspector must give written notice to the regulator of all interests, pecuniary or otherwise, that the inspector has, or acquires, and that conflict or could conflict with the proper performance of the inspector’s functions.

(2)  The regulator must give a direction to an inspector not to deal, or to no longer deal, with a matter if the regulator becomes aware that the inspector has a potential conflict of interest in relation to a matter and the regulator considers that the inspector should not deal, or should no longer deal, with the matter.

159   Suspension and ending of appointment of inspectors

(1)  The regulator may suspend or end the appointment of an inspector.

(2)  A person’s appointment as an inspector ends when the person ceases to be eligible for appointment as an inspector.