South Australian Current Acts South Australian Current Acts117—Entry to inquire into suspected contraventions
(1) A WHS entry permit
holder may enter a workplace for the purpose of inquiring into a suspected
contravention of this Act that relates to, or affects, a relevant worker.
(2) The WHS entry
permit holder must reasonably suspect before entering the workplace that the
contravention has occurred or is continuing and involves a risk to the health
or safety of a relevant worker.
(3) Furthermore, a WHS
entry permit holder must—
(a) give
consideration as to whether it is reasonably practicable to give notice to the
regulator about the proposed entry before exercising a power under
subsection (1) in order to provide an opportunity for an inspector to
attend at the workplace at the time of entry; and
(b) if
it is reasonably practicable to give notice to the regulator about the
proposed entry, comply with any requirement prescribed by the regulations in
relation to giving such a notice under this section.
(4) The regulator must
establish and maintain a policy that relates to the circumstances when
inspectors will attend at workplaces when notified of the proposed entry of
WHS entry permit holders under this section.
(5) The regulator must
ensure that the policy is published on a website that is maintained or used by
the Department and the Minister must cause a copy of the policy to be laid
before both Houses of Parliament.
(6) If a WHS entry
permit holder exercises a power of entry under this section without being
accompanied by an inspector who has attended at the workplace under
subsection (5)—
(a) the
WHS entry permit holder must furnish a report on the outcome of his or her
inquiries at the workplace to the regulator in accordance with the
regulations; and
(b) on
the receipt of a report under paragraph (a), the regulator must give
consideration to what action (if any) should be taken on account of any
suspected contravention of this Act outlined in the report.