Commonwealth Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 171

             (1)  An inspector who enters a workplace under this Division may:

                     (a)  require a person to tell the inspector who has custody of, or access to, a document; or

                     (b)  require a person who has custody of, or access to, a document to produce that document to the inspector while the inspector is at that workplace or within a specified period; or

                     (c)  require a person at the workplace to answer any questions put by the inspector.

             (2)  A requirement under subsection (1)(b) must be made by written notice unless the circumstances require the inspector to have immediate access to the document.

             (3)  An interview conducted by an inspector under subsection (1)(c) must be conducted in private if:

                     (a)  the inspector considers it appropriate; or

                     (b)  the person being interviewed so requests.

             (4)  Subsection (3) does not limit the operation of section 166 or prevent a representative of the person being interviewed from being present at the interview.

             (5)  Subsection (3) may be invoked during an interview by:

                     (a)  the inspector; or

                     (b)  the person being interviewed;

in which case the subsection applies to the remainder of the interview.

             (6)  A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section.

Penalty:

                     (a)  In the case of an individual--$10 000.

                     (b)  In the case of a body corporate--$50 000.

Note:          See sections 172 and 173 in relation to self-incrimination and section 269 in relation to legal professional privilege.

             (7)  Subsection (6) places an evidential burden on the accused to show a reasonable excuse.