s.74Powers of entry and inspection
74
Section 74Part 10 — ADMINISTRATION AND DISPUTE SETTLEMENT

Powers of entry and inspection

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Subject to the rest of this section, in the performance of his functions under this Law, an authorised officer has power to enter any workplace without previous notice at any time during the working hours of that particular workplace, but timing of such entries shall be so as not to interfere with peak times of business, unless there is a compelling interest in that time period, and —
carry out any examination, test, inquiry or inspection which is reasonably necessary to establish the proper observance of this Law or any other employment-related Law, or direct the employer or any other person that controls the workplace to conduct such examinations, tests, inquiries or inspections;
be accompanied and assisted by any other person and bring into the workplace any equipment necessary to carry out the authorised officer's functions;
take photographs and measurements, and make sketches and recordings;
require the employer, or any other person that controls the workplace, to ensure that the workplace or any place or thing in the workplace specified by the authorised officer is not disturbed for a reasonable period pending any examination, test, inquiry or inspection;
require the employer, or any other person that controls the workplace, to produce any records, documents or information required to be maintained by this or any other employment-related Law and permit the authorised officer to examine and make copies or take extracts of any such records, documents or information;
require the employer, or any other person that controls the workplace, to make or provide statements in any form and manner that the authorised officer specifies, about the observance of this or any other employment-related Law;
question, alone or in the presence of witnesses, an employer or any other person that controls the workplace, or, subject to subsection (3), any employee, on any matters concerning the observance of this or any other employment-related Law;
do anything that is necessary or expedient to ensure observance of this Law or any other employment-related Law.
No authorised officer may enter in or be in a household unless —
prior notice has been given and he has the consent, freely given, of an occupier of that household, which consent shall not be unreasonably withheld;
authorised to do so by a warrant issued under subsection (8).
Notwithstanding anything contained in this section, a person is entitled to keep confidential to himself anything that relates to his health status and also identifies him.
An authorised officer may do all the things referred to in subsection (1) whether or not —
the authorised officer or the person with whom the authorised officer is dealing is in the workplace;
the workplace is still a workplace;
the employer's employees work in the workplace;
the person who was in control of the workplace is still in control of it;
the employees are still employed by the employer;
for a record, document or information, the record, document or information is in —
the workplace;
the place where the authorised officer is;
another place.
An authorised officer who enters a workplace or a former workplace under this section may take or remove a sample of a substance or thing for analysis, or seize and retain any material, substance or thing for the purpose of —
monitoring conditions in the place;
determining the nature of any material or substance in the place;
determining whether or not this Law has been, is being or is likely to be complied with;
gathering evidence to support the taking of enforcement action.
Where under this section an authorised officer removes or retains a sample, material, substance or thing from a work place, the following provisions apply —
as soon as it is reasonably practicable after removing or retaining it, the authorised officer shall give the employer or other person apparently in charge of the workplace written notice of —
what has been or is being removed or retained;
why it has been or is being removed or retained;
where it will be kept in the meantime;
subject to paragraph (c), within seven days of removing or retaining it, the authorised officer shall give the employer or other person apparently in charge of the workplace written notice of whether the inspector intends to return or destroy any items so removed;
where it is practicable to do so, the sample, material, substance or thing shall be returned to its owner —
when it is no longer required for any purpose under this Law or any other employment-related Law;
if a court earlier orders its return.
This section does not allow an authorised officer to take a sample from a person's body unless the authorised officer has that person's informed consent to the taking of the sample.
A court which, upon an application on oath, is satisfied that there is reasonable ground for believing that a household is a place in which a person is employed or is the only practical means through which a place in which a person is employed may be entered, may issue a warrant authorising an authorised officer named in the warrant to enter that household or any part of that household that is, or is the only practicable means through which the authorised officer may enter, a place where a person is employed.
Where an authorised officer enters a workplace under the authority of this Law and is unable, despite reasonable efforts, to find any person apparently in charge, the authorised officer shall before leaving the workplace leave a written notice stating —
the authorised officer's identity;
the address of a place where he may be contacted;
the date and time of entry;
the authorised officer's reason for leaving without carrying out his functions.
Notwithstanding anything contained in this section, all persons shall enjoy the privilege against self-incrimination.

Defined Terms

authorised officerworkplaceemployment-related Law

Cross References

Referenced By