South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 138

138—Application to revoke WHS entry permit

        (1)         The following persons may apply to the authorising authority for a WHS entry permit held by a person to be revoked:

            (a)         the regulator;

            (b)         the relevant person conducting a business or undertaking;

            (c)         any other person in relation to whom the WHS entry permit holder has exercised or purported to exercise a right under this Part;

            (d)         any other person affected by the exercise or purported exercise of a right under this Part by a WHS entry permit holder.

        (2)         The grounds for an application for revocation of a WHS entry permit are—

            (a)         that the permit holder no longer satisfies the eligibility criteria for a WHS entry permit or an entry permit under a corresponding WHS law, or the Fair Work Act or the Workplace Relations Act 1996 of the Commonwealth, or is no longer eligible to exercise a right of entry under section 140 of the Fair Work Act 1994 ; or

            (b)         that the permit holder has contravened any condition of the WHS entry permit; or

            (c)         that the permit holder has acted or purported to act in an improper manner in the exercise of any right under this Act; or

            (d)         in exercising or purporting to exercise a right under this Part, that the permit holder has intentionally hindered or obstructed a person conducting the business or undertaking or workers at a workplace.

        (3)         The applicant must give written notice of the application, setting out the grounds for the application, to the person who holds the WHS entry permit and the union concerned.

        (4)         The person who holds the WHS entry permit and the union that the WHS entry permit holder represents are parties to the application.