Northern Territory Numbered Acts

WORKPLACE HEALTH AND SAFETY ACT 2007 (NO 31 OF 2007) - SECT 53

    (1)     Subject to the conditions of entry, an authorised union OH&S representative may enter a workplace for an authorised purpose.

    (2)     The conditions of entry are as follows:

    (a)     the industrial organisation represented by the authorised union OH&S representative must have members employed at the workplace or must be a party to an award or collective agreement governing employment at the workplace;

    (b)     the representative must comply with relevant obligations imposed under Commonwealth law;

Note

For example, section 757 of the Workplace Relations Act (Cth) requires 24 hours notice of entry in certain cases.

    (c)     the representative must, as soon as practicable after entering the workplace, produce the representative's identity card to the person apparently in charge of the workplace;

    (d)     the entry may only be made during ordinary working hours;

    (e)     the representative must comply with a reasonable request by the person in charge of the workplace to comply with a requirement relevant to health or safety that applies to the workplace.

    (3)     An authorised purpose is 1 of the following:

    (a)     to discuss health and safety issues during a meal break or other break in work with workers who are, or are eligible to become, members of the relevant employee organisation;

    (b)     to investigate a suspected contravention of this Act involving a member of the employee organisation.

    (4)     In carrying out an investigation, the authorised union OH&S representative may exercise 1 or more of the following powers:

    (a)     observe or inspect work and systems of work, the workplace, workplace infrastructure or equipment, materials and substances;

    (b)     interview (with the consent of the interviewees) members, or persons who are eligible to become members, of the employee organisation;

    (c)     take measurements and make records (including sketches and drawings, photographic records, and video, audio or audiovisual recordings) at the workplace;

    (d)     require the production of documents relating to health or safety at the workplace (but not confidential records relating to a worker's health unless the worker consents);

    (e)     examine and copy, or take extracts from, any document produced as required under paragraph (d).

Note

The duty to preserve confidentiality extends to an authorised OH&S representative (See section 18(3)).

    (5)     An authorised union OH&S representative may not enter a workplace consisting of residential premises currently used as a place of residence unless the occupier consents.

    (6)     The Authority may, on application by an authorised OH&S representative or an employer, determine a dispute about the exercise of powers under this section.