Work Health and Safety Act 2011
Sections and provisions with full text and the judgments that cite each one.
Section 128 — Work health and safety requirements
A WHS entry permit holder must not exercise a right of entry to a workplace under Division 2 or 3 of this Part unless he or she complies with any reasonable request by the relevant person conducting…
Section 129 — Residential premises
A WHS entry permit holder must not enter any part of a workplace that is used only for residential purposes. WHS civil penalty provision. Penalty: The WHS civil penalty provision tier 2.
Section 130 — WHS entry permit holder not required to disclose names of workers
(1) A WHS entry permit holder is not required to disclose to the relevant person conducting a business or undertaking or the person with management or control of the workplace the name of any worker…
Section 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…
Section 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…
Section 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…
Section 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.
Section 135 — Conditions on WHS entry permit
The authorising authority may impose conditions on a WHS entry permit.
Section 136 — Term of WHS entry permit
A WHS entry permit has effect for a term of 3 years from the date it is issued.
Section 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…
Section 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…
Section 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…
Section 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 1 or more of the following orders: (a) an order imposing…
Section 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…
Section 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…
Section 143 — Contravening order made to deal with dispute
A person must not contravene an order under section 142(3). WHS civil penalty provision. Penalty: The WHS civil penalty provision tier 2.
Section 144 — Person must not refuse or delay entry of WHS entry permit holder
(1) A person must not, without reasonable excuse, refuse or unduly delay entry into a workplace by a WHS entry permit holder who is entitled to enter the workplace under this Part. WHS civil penalty…
Section 145 — Person must not hinder or obstruct WHS entry permit holder
A person must not intentionally and unreasonably hinder or obstruct a WHS entry permit holder in entering a workplace or in exercising any rights at a workplace in accordance with this Part. WHS…
Section 146 — WHS entry permit holder must not delay, hinder or obstruct any person or disrupt work at workplace
A WHS entry permit holder exercising, or seeking to exercise, rights in accordance with this Part must not intentionally and unreasonably delay, hinder or obstruct any person or disrupt any work at a…
Section 147 — Misrepresentations about things authorised by this Part
(1) A person must not take action: (a) with the intention of giving the impression; or (b) reckless as to whether the impression is given; that the doing of a thing is authorised by this Part if it…
Section 148 — Unauthorised use or disclosure of information or documents
A person must not use or disclose information or a document obtained under Division 2 of this Part in an inquiry into a suspected contravention for a purpose that is not related to the inquiry or…
Section 149 — Return of WHS entry permits
(1) The person to whom a WHS entry permit is issued must return the permit to the authorising authority within 14 days of any of the following things happening: (a) the permit is revoked or…
Section 150 — Union to provide information to authorising authority
The relevant union must advise the authorising authority if: (a) the WHS entry permit holder resigns from or otherwise leaves the union; or (b) the WHS entry permit holder has had any entry permit…
Section 151 — Register of WHS entry permit holders
The authorising authority must keep available for public access an up-to-date register of WHS entry permit holders in accordance with the regulations.
Section 152 — Functions of regulator
The regulator has the following functions: (a) to advise and make recommendations to the Minister and report on the operation and effectiveness of this Act; (b) to monitor and enforce compliance with…
Section 153 — Powers of regulator
(1) Subject to this Act, the regulator has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting subsection…
Section 154 — Delegation by regulator
(1) The regulator may, by instrument in writing, delegate a power or function under this Act other than this power of delegation to: (a) a member of the staff of the regulator who is an SES employee…
Section 155 — Powers of regulator to obtain information
(1) This section applies if the regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible…
Section 156 — Appointment of inspectors
The regulator may, by instrument, appoint any of the following as an inspector: (a) a member of the staff of the regulator; (b) a person who is appointed as an inspector under a corresponding WHS law…
Section 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…
Section 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…
Section 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.
Section 160 — Functions and powers of inspectors
An inspector has the following functions and powers under this Act: (a) to provide information and advice about compliance with this Act; (b) to assist in the resolution of: (i) work health and…
Section 161 — Conditions on inspectors’ compliance powers
An inspector’s compliance powers are subject to any conditions specified in the instrument of the inspector’s appointment.
Section 162 — Inspectors subject to regulator’s directions
(1) An inspector is subject to the regulator’s directions in the exercise of the inspector’s compliance powers. (2) A direction under subsection (1) may be of a general nature or may relate to a…
Section 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…
Section 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…
Section 165 — General powers on entry
(1) An inspector who enters a workplace under section 163 may do all or any of the following: (a) inspect, examine and make inquiries at the workplace; (b) inspect and examine anything (including a…
Section 165A — Powers relating to electronic equipment
(1) The powers of an inspector who enters a workplace under this Division include the power to operate electronic equipment on the premises to see whether: (a) the equipment; or (b) a disk, tape or…
Section 165B — Expert assistance to operate electronic equipment
(1) This section applies to premises to which a warrant relates. Securing equipment (2) If an inspector believes on reasonable grounds that: (a) there is on the premises evidence of the kind…
Section 166 — Persons assisting inspectors
(1) A person (the assistant), including an interpreter, may accompany the inspector entering a workplace under section 163 to assist the inspector if the inspector considers the assistance is…
Section 167 — Search warrants
(1) An inspector may apply to a magistrate for a search warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to…
Section 168 — Announcement before entry on warrant
(1) Before executing a search warrant, the inspector named in the warrant or an assistant to the inspector must: (a) announce that he or she is authorised by the warrant to enter the place; and (b)…
Section 169 — Copy of warrant to be given to person with management or control of place
If the person who has or appears to have management or control of a place is present at the place when a search warrant is being executed, the inspector must: (a) identify himself or herself to that…
Section 170 — Places used for residential purposes
Despite anything else in this Division, the powers of an inspector under this Division in relation to entering a place are not exercisable in relation to any part of a place that is used only for…
Section 171 — Power to require production of documents and answers to questions
(1) An inspector who enters a workplace under this Division may, while the inspector is at the workplace: (a) require a person to tell the inspector who has custody of, or access to, a document; or…
Section 172 — Abrogation of privilege against self-incrimination
(1) A person is not excused from answering a question or providing information or a document under this Part or Part 8 on the ground that the answer to the question, or the information or document,…
Section 173 — Warning to be given
(1) Before requiring a person to answer a question or provide information or a document under this Part, other than by a written notice under section 171(2A), an inspector must: (a) identify himself…
Section 174 — Powers to copy and retain documents
(1) An inspector may: (a) make copies of, or take extracts from, a document given to the inspector in accordance with a requirement under this Act; and (b) keep that document for the period that the…
Section 175 — Power to seize evidence etc.
(1) An inspector who enters a workplace under section 163 may seize anything (including a document) at the place if the inspector reasonably believes the thing is evidence of an offence against this…