South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 117

117—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 in accordance with a policy under subsection (4)—

            (a)         the WHS entry permit holder may 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—

                  (i)         give consideration to what action (if any) should be taken on account of any suspected contravention of this Act outlined in the report; and

                  (ii)         if any such action is taken—advise the WHS entry permit holder of the action taken.