Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Subdivision 1 General powers of entry
163 Powers of entry
(1) An inspector may at any time enter a place that is, or that the inspector reasonably suspects is, a workplace.(2) An entry may be made under subsection (1) with, or without, the consent of the person with management or control of the workplace.(3) If an inspector enters a place under subsection (1) and it is not a workplace, the inspector must leave the place immediately.(4) An inspector may enter any place if the entry is authorised by a search warrant.Note.An inspector may enter residential premises to gain access to a workplace (see section 170 (c)).
164 Notification of entry
(1) An inspector may enter a place under section 163 without prior notice to any person.(2) An inspector must, as soon as practicable after entry to a workplace or suspected workplace, take all reasonable steps to notify the following persons of the entry and the purpose of the entry:(a) the relevant person conducting a business or undertaking at the workplace,(b) the person with management or control of the workplace,(c) any health and safety representative for workers carrying out work for that business or undertaking at the workplace.(3) However, an inspector is not required to notify any person if to do so would defeat the purpose for which the place was entered or cause unreasonable delay.(4) In this section, relevant person conducting a business or undertaking means the person conducting any business or undertaking in relation to which the inspector is exercising the powers of entry.
165 General powers on entry
(1) An inspector who enters a workplace under this Division may do all or any of the following:(a) inspect, examine and make inquiries at the workplace,(b) inspect and examine anything (including a document) at the workplace,(c) bring to the workplace and use any equipment or materials that may be required,(d) take measurements, conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings),(e) take and remove for analysis a sample of any substance or thing without paying for it,(f) require a person at the workplace to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (e),(g) exercise any compliance power or other power that is reasonably necessary to be exercised by the inspector for the purposes of this Act.(2) A person required to give reasonable help under subsection (1) (f) must not, without reasonable excuse, refuse or fail to comply with the requirement.Maximum penalty:(a) in the case of an individual—$10,000, or(b) in the case of a body corporate—$50,000.(3) Subsection (2) places an evidential burden on the accused to show a reasonable excuse.
166 Persons assisting inspectors
(1) A person (the assistant), including an interpreter, may accompany the inspector entering a workplace under section 165 to assist the inspector if the inspector considers the assistance is necessary.(2) The assistant:(a) may do the things at the place and in the manner that the inspector reasonably requires to assist the inspector to exercise compliance powers, but(b) must not do anything that the inspector does not have power to do, except as permitted under a search warrant.(3) Anything done lawfully by the assistant is taken for all purposes to have been done by the inspector.