Victorian Current Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 89

    (1)     An authorised representative of a registered employee organisation who enters a place under section 87 may do any of the following but only to the extent that it is reasonable for the purpose of enquiring into the suspected contravention—

        (a)     inspect any plant, substance or other thing at the place;

        (b)     observe work carried on at the place;

S. 89(1)(ba) inserted by No. 36/2021 s. 30.

        (ba)     take photographs or measurements or make sketches or recordings at the place;

        (c)     consult with one or more employees (with their consent) at the place who are members or are eligible to be members of the registered employee organisation;

        (d)     consult with any employer at the place about anything relevant to the matter into which the representative is enquiring.

    (2)     The authorised representative must produce his or her entry permit for inspection if asked to do so when exercising any of the powers under subsection (1).

    (3)     If, while the authorised representative is at the place, an issue arises between the authorised representative and the employer who has, or a person who on behalf of the employer has, the management and control of the work at the place about the exercise of any of those powers, either of those persons may ask the Authority to arrange for an inspector to attend at the place to enquire into the issue.

    (4)     The Authority must ensure that an inspector attends the place as soon as possible after the request is made and the inspector—

        (a)     must as soon as possible enquire into the issue; and

        (b)     may perform any of his or her functions or exercise any of his or her powers under this Act that the inspector considers reasonably necessary in the circumstances.