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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 6 January 2017 to date (accessed 1 May 2017 at 08:35)
Part 7 Division 5
Division 5 WHS entry permits
131   Application for WHS entry permit
(1)  A union may apply to the authorising authority for the issue of a WHS entry permit to a person who is an official of the union.
(2)  The application must specify the person who is to hold the WHS entry permit and include a statutory declaration by that person declaring that he or she:
(a)  is an official of the union, and
(b)  has satisfactorily completed the prescribed training, and
(c)  holds, or will hold, an entry permit under:
(i)  the Fair Work Act, or,
132   Consideration of application
In considering whether to issue a WHS entry permit, the authorising authority must take into account:
(a)  the object of this Act, and
(b)  the object of allowing union right of entry to workplaces for work health and safety purposes.
133   Eligibility criteria
The authorising authority must not issue a WHS entry permit to an official of a union unless the authorising authority is satisfied that the official:
(a)  is an official of the union, and
(b)  has satisfactorily completed the prescribed training, and
(c)  holds, or will hold, an entry permit under:
(i)  the Fair Work Act, or
134   Issue of WHS entry permit
The authorising authority may issue a WHS entry permit to a person if the authorising authority has taken into account the matters in section 132 and is satisfied about the matters in section 133.
135   Conditions on WHS entry permit
The authorising authority may impose conditions on a WHS entry permit.
136   Term of WHS entry permit
A WHS entry permit has effect for a term of 3 years from the date it is issued.
137   Expiry of WHS entry permit
(1)  Unless it is earlier revoked, a WHS entry permit expires at the first of the following to occur:
(a)  at the end of the term of the WHS entry permit,
(b)  at the end of the term of the entry permit held by the WHS entry permit holder under:
(i)  the Fair Work Act, or
(c)  when the permit holder ceases to be an official of the union that applied for the permit,
(d)  the union that applied for the permit ceases to be:
(i)  an organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth, or
(ii)  an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under the Industrial Relations Act 1996.
(2)  An application may be made for the issue of a subsequent WHS entry permit before or after the current WHS entry permit expires.
138   Application to revoke WHS entry permit
(1)  The following persons may apply to the authorising authority for a WHS entry permit held by a person to be revoked:
(a)  the regulator,
(b)  the relevant person conducting a business or undertaking,
(c)  any other person in relation to whom the WHS entry permit holder has exercised or purported to exercise a right under this Part,
(d)  any other person affected by the exercise or purported exercise of a right under this Part by a WHS entry permit holder.
(2)  The grounds for an application for revocation of a WHS entry permit are:
(a)  that the permit holder no longer satisfies the eligibility criteria for a WHS entry permit or an entry permit under a corresponding WHS law, or the Fair Work Act or the Workplace Relations Act 1996 of the Commonwealth or the Industrial Relations Act 1996, or
(b)  that the permit holder has contravened any condition of the WHS entry permit, or
(c)  that the permit holder has acted or purported to act in an improper manner in the exercise of any right under this Act, or
(d)  in exercising or purporting to exercise a right under this Part, that the permit holder has intentionally hindered or obstructed a person conducting the business or undertaking or workers at a workplace.
(3)  The applicant must give written notice of the application, setting out the grounds for the application, to the person who holds the WHS entry permit and the union concerned.
(4)  The person who holds the WHS entry permit and the union that the WHS entry permit holder represents are parties to the application.
139   Authorising authority must permit WHS entry permit holder to show cause
(1)  If, on an application under section 138, the authorising authority is satisfied that a ground may exist for the revocation of the WHS entry permit under section 138 (2), the authorising authority must:
(a)  give the WHS entry permit holder written notice (a show cause notice), and
(b)  if the authorising authority considers it appropriate, suspend the operation of the WHS entry permit until the authorising authority decides the application for revocation.
(2)  The show cause notice must:
(a)  contain a statement to the effect that the WHS entry permit holder may, not later than 21 days after the day the WHS entry permit holder is given the notice, give the authorising authority written reasons explaining why the WHS entry permit should not be revoked, and
(b)  be accompanied by a summary of the reasons for the application, and
(c)  if applicable, be accompanied by a notice of suspension of the permit.
140   Determination of application
(1)  If the authorising authority is satisfied on the balance of probabilities about any of the matters in section 138 (2), it may make one or more of the following orders:
(a)  an order imposing conditions on the WHS entry permit,
(b)  an order suspending the WHS entry permit,
(c)  an order revoking the WHS entry permit,
(d)  an order about the future issue of a WHS entry permit to the person whose WHS entry permit is revoked,
(e)  an order imposing any alternative action the authorising authority considers appropriate.
(2)  In deciding what action to take under subsection (1), in relation to a person, the authorising authority must take into account:
(a)  the seriousness of any findings of the authorising authority having regard to the object of this Act, and
(b)  any other matters the authority considers relevant.