Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 29

A notice of entry under the title="A2011-35">Act

, section 120 (Entry to inspect employee records or information held by another person) 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     The title="A2011-35">Act

, s 130 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.