South Australian Current Acts South Australian Current Acts142—Authorising authority may deal with a dispute about a right of entry
under this Act
(1) The
authorising authority may deal with a dispute about the exercise or purported
exercise by a WHS entry permit holder of a right of entry under this Act
(including a dispute about whether a request under section 128 is
reasonable).
(2) The
authorising authority may deal with the dispute in any manner it thinks fit,
including by means of mediation, conciliation or arbitration.
(3) If the
authorising authority deals with the dispute by arbitration, it may make one
or more of the following orders:
(a) an
order imposing conditions on a WHS entry permit;
(b) an
order suspending a WHS entry permit;
(c) an
order revoking a WHS entry permit;
(d) an
order about the future issue of WHS entry permits to one or more persons;
(e) any
other order it considers appropriate.
(4) The
authorising authority may deal with the dispute—
(a) on
its own initiative; or
(b) on
application by any of the following to whom the dispute relates:
(i)
a WHS entry permit holder;
(ii)
the relevant union;
(iii)
the relevant person conducting a business or undertaking;
(iv)
any other person in relation to whom the
WHS entry permit holder has exercised or purported to exercise the right of
entry;
(v)
any other person affected by the exercise or purported
exercise of the right of entry by a WHS entry permit holder;
(vi)
the regulator.
(5) In dealing with a
dispute, the authorising authority must not confer any rights on the
WHS entry permit holder that are additional to, or inconsistent with, rights
exercisable by the WHS entry permit holder under this Part.