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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 22 October 2017 at 15:25)
Part 7 Division 6
Division 6 Dealing with disputes
141   Application for assistance of inspector to resolve dispute
If a dispute arises about the exercise or purported exercise by a WHS entry permit holder of a right of entry under this Act, any party to the dispute may ask the regulator to appoint an inspector to attend the workplace to assist in resolving the dispute.
142   Authorising authority may deal with a dispute about a right of entry under this Act
(1)  The authorising authority may deal with a dispute about the exercise or purported exercise by a WHS entry permit holder of a right of entry under this Act (including a dispute about whether a request under section 128 is reasonable).
(2)  The authorising authority may deal with the dispute in any manner it thinks fit, including by means of mediation, conciliation or arbitration.
(3)  If the authorising authority deals with the dispute by arbitration, it may make one or more of the following orders:
(a)  an order imposing conditions on a WHS entry permit,
(b)  an order suspending a WHS entry permit,
(c)  an order revoking a WHS entry permit,
(d)  an order about the future issue of WHS entry permits to one or more persons,
(e)  any other order it considers appropriate.
(4)  The authorising authority may deal with the dispute:
(a)  on its own initiative, or
(b)  on application by any of the following to whom the dispute relates:
(i)  a WHS entry permit holder,
(ii)  the relevant union,
(iii)  the relevant person conducting a business or undertaking,
(iv)  any other person in relation to whom the WHS entry permit holder has exercised or purported to exercise the right of entry,
(v)  any other person affected by the exercise or purported exercise of the right of entry by a WHS entry permit holder,
(vi)  the regulator.
(5)  In dealing with a dispute, the authorising authority must not confer any rights on the WHS entry permit holder that are additional to, or inconsistent with, rights exercisable by the WHS entry permit holder under this Part.
143   Contravening order made to deal with dispute
A person must not contravene an order under section 142 (3).
WHS civil penalty provision.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.