South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 28

28—Additional requirements—entry under section 117

        (1)         The following requirements are prescribed under section 117(3)(b) of the Act:

            (a)         notice to the Executive Director about the proposed entry must be given by contacting the Department by telephone using a number determined by the Executive Director and published on a website maintained or used by the Department;

            (b)         the WHS entry permit holder must provide the following information:

                  (i)         his or her full name;

                  (ii)         his or her permit number;

                  (iii)         the name and address of the workplace proposed to be entered;

                  (iv)         the date of proposed entry;

                  (v)         so far as is practicable, particulars of the suspected contravention to which the notice relates;

                  (vi)         whether there is considered to be a serious risk to the health or safety of a person emanating from an immediate or imminent risk and, if so, any details about the situation known to the WHS entry permit holder.

        (2)         The following requirements are prescribed for the purposes of a report to the Executive Director under section 117 of the Act:

            (a)         the report must be set out in a document that is furnished to the Executive Director at an email address, postal address or fax number determined by the Executive Director and published on a website maintained or used by the Department; and

            (b)         the report must set out the following information:

                  (i)         the WHS entry permit holder's full name;

                  (ii)         the permit number;

                  (iii)         the name and address of the workplace that was entered;

                  (iv)         the date of entry;

                  (v)         details of any contravention of the Act that, in the opinion of the WHS entry permit holder, has occurred.

        (3)         A notice of entry under section 119 of the Act in relation to an entry under section 117 must also include the following:

            (a)         so far as is practicable, the particulars of the suspected contravention to which the notice relates;

            (b)         a declaration stating—

                  (i)         that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace entered and is a member, or eligible to be a member, of that union; and

                  (ii)         the provision in the union's rules that entitles the union to represent the industrial interests of that worker; and

                  (iii)         that the suspected contravention relates to, or affects, that worker.

Note—

Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.