Australian Capital Territory Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 35 OF 2011) - SECT 118

    (1)     While at the workplace under this division, the WHS entry permit-holder may do 1 or more of the following in relation to the suspected contravention of this Act:

        (a)     inspect any work system, plant, substance, structure or other thing relevant to the suspected contravention;

        (b)     consult with the relevant workers in relation to the suspected contravention;

        (c)     consult with the relevant person conducting a business or undertaking about the suspected contravention;

        (d)     require the relevant person conducting a business or undertaking to allow the WHS entry permit-holder to inspect, and make copies of, any document that is directly relevant to the suspected contravention and that—

              (i)     is kept at the workplace; or

              (ii)     is accessible from a computer that is kept at the workplace;

        (e)     warn any person whom the WHS entry permit-holder reasonably believes to be exposed to a serious risk to his or her health or safety emanating from an immediate or imminent exposure to a hazard, of that risk.

    (2)     However, the relevant person conducting the business or undertaking is not required under subsection (1) (d) to allow the WHS entry permit-holder to inspect or make copies of a document if to do so would contravene a law of the Commonwealth or a law of a State.

    (3)     A relevant person conducting a business or undertaking must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1) (d).

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.

    (4)     Subsection (3) places an evidential burden on the defendant to show a reasonable excuse.

Note 1     Evidential burden —see the Criminal Code, s 58.

Note 2     At least 24 hours notice is required for an entry to a workplace to inspect employee records or other documents held by someone other than a person conducting a business or undertaking (see  s 120).

Note 3     The use or disclosure of personal information obtained under this section is regulated under the Privacy Act 1988 (Cwlth).