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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 23 September 2017 at 13:56)
Chapter 2 Part 2.4
Part 2.4 Workplace entry by WHS entry permit holders
25   Training requirements for WHS entry permits
(1)  The prescribed training for the purposes of sections 131 and 133 of the Act is training, that is provided or approved by the regulator, in relation to the following:
(a)  the right of entry requirements under Part 7 of the Act,
(b)  the issue resolution requirements under the Act and this Regulation,
(c)  the duties under, and the framework of, the Act and this Regulation,
(d)  the requirements for the management of risks under section 17 of the Act,
(e)  the meaning of reasonably practicable as set out in section 18 of the Act,
(f)  the relationship between the Act and this Regulation and the Fair Work Act and the Industrial Relations Act 1996.
(2)  The training must include providing the participant with information about the availability of any guidance material published by the regulator in relation to the Act and this Regulation.
(3)  For the purpose of approving training, the regulator may have regard to any relevant matters, including:
(a)  the content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit holder, and
(b)  the qualifications, knowledge and experience of the person who is to provide the training.
(4)  The regulator may revoke or vary an approval under this clause.
(5)  The regulator may impose conditions on an approval under this clause and may vary those conditions.
26   Form of WHS entry permit
A WHS entry permit must include the following:
(a)  the section of the Act under which the WHS entry permit is issued,
(b)  the full name of the WHS entry permit holder,
(c)  the name of the union that the WHS entry permit holder represents,
(d)  a statement that the WHS entry permit holder is entitled, while the WHS entry permit is in force, to exercise the rights given to the WHS entry permit holder under the Act,
(e)  the date of issue of the WHS entry permit,
(f)  the expiry date for the WHS entry permit,
(g)  the signature of the WHS entry permit holder,
(h)  any conditions on the WHS entry permit.
27   Notice of entry—general
A notice of entry under Part 7 of the Act must:
(a)  be written, and
(b)  include the following:
(i)  the full name of the WHS entry permit holder,
(ii)  the name of the union that the WHS entry permit holder represents,
(iii)  the section of the Act under which the WHS entry permit holder is entering or proposing to enter the workplace,
(iv)  the name and address of the workplace entered or proposed to be entered,
(v)  the date of entry or proposed entry,
(vi)  the additional information and other matters required under clause 28, 29 or 30 (as applicable).
28   Additional requirements—entry under section 117
A notice of entry under section 119 of the Act in relation to an entry under section 117 must also include the following:
(a)  so far as is practicable, the particulars of the suspected contravention to which the notice relates,
(b)  a declaration stating:
(i)  that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace entered and is a member, or eligible to be a member, of that union, and
(ii)  the provision in the union’s rules that entitles the union to represent the industrial interests of that worker, and
(iii)  that the suspected contravention relates to, or affects, that worker.
Note.
 Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
29   Additional requirements—entry under section 120
A notice of entry under section 120 of the Act in relation to an entry under that section must also include the following:
(a)  so far as is practicable, the particulars of the suspected contravention to which the notice relates,
(b)  a description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected,
(c)  a declaration stating:
(i)  that the union is entitled to represent the industrial interests of a worker who is a member, or eligible to be a member, of that union, and
(ii)  the provision in the union’s rules that entitles the union to represent the industrial interests of that worker, and
(iii)  that the suspected contravention relates to, or affects, that worker, and
(iv)  that the records and documents proposed to be inspected relate to that contravention.
Note.
 Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
30   Additional requirements—entry under section 121
A notice of entry under section 122 of the Act in relation to an entry under section 121 must also include a declaration stating:
(a)  that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace proposed to be entered and is a member, or eligible to be a member, of that union, and
(b)  the provision in the union’s rules that entitles the union to represent the industrial interests of that worker.
Note.
 Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
31   Register of WHS entry permit holders
For the purposes of section 151 of the Act, the authorising authority must publish on its website:
(a)  an up-to-date register of WHS entry permit holders, and
(b)  the date on which the register was last updated.
Note.
 The authorising authority in NSW is the Industrial Relations Commission—see section 4 of the Act.