120—Entry to inspect employee records or information held by another
person
(1) This section
applies if a WHS entry permit holder is entitled under section 117 to
enter a workplace to inquire into a suspected contravention of this Act.
(2) For the purposes
of the inquiry into the suspected contravention, the WHS entry permit holder
may enter any workplace for the purpose of inspecting, or making copies
of—
(a)
employee records that are directly relevant to a suspected contravention; or
(b)
other documents that are directly relevant to a suspected contravention and
that are not held by the relevant person conducting a business or undertaking.
(3) Before doing so,
the WHS entry permit holder must give notice of the proposed entry to the
person from whom the documents are requested and the relevant person
conducting a business or undertaking.
(4) The notice must
comply with the regulations.
(5) The notice must be
given during usual working hours at that workplace at least 24 hours, but
not more than 14 days, before the entry.
(6) However, the right
of a WHS entry permit holder to require copies of a document under this
section is subject to any direction that may be given by an inspector (which
may include a direction that copies of a document not be required to be made
and provided to the WHS entry permit holder).