(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;
(da) take photographs, films, or audio, video or other recordings relevant to the suspected contravention;
(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, if it would result in a contravention of a law of the Commonwealth or a law of a State—
(a) the relevant person is not required, under subsection (1) (d), to allow the WHS entry permit-holder to inspect or make copies of a document; and
(b) the WHS entry permit-holder must not, under subsection (1) (da), take photographs, films, or audio, video or other recordings.
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
(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).
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.
(5) If, in the course of inquiring into a suspected contravention of this Act, the WHS entry permit-holder reasonably suspects that another contravention of this Act has occurred, the WHS entry permit-holder may exercise a right mentioned in subsection (1) in relation to the other contravention.
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).