South Australian Numbered Acts

WORK HEALTH AND SAFETY ACT 2012 (NO 40 OF 2012) - SECT 118

118—Rights that may be exercised while at workplace

        (1)         While at the workplace under this Division, the WHS entry permit holder may do all or any of the following in relation to the suspected contravention of this Act:

            (a)         inspect any work system, plant, substance, structure or other thing relevant to the suspected contravention;

            (b)         consult with the relevant workers in relation to the suspected contravention;

            (c)         consult with the relevant person conducting a business or undertaking about the suspected contravention;

            (d)         require the relevant person conducting a business or undertaking to allow the WHS entry permit holder to inspect, and make copies of, any document that is directly relevant to the suspected contravention and that—

                  (i)         is kept at the workplace; or

                  (ii)         is accessible from a computer that is kept at the workplace;

            (e)         warn any person whom the WHS entry permit holder reasonably believes to be exposed to a serious risk to his or her health or safety emanating from an immediate or imminent exposure to a hazard, of that risk.

        (2)         However—

            (a)         the right of a WHS entry permit holder to require copies of a document under subsection (1)(d) is subject to any direction that may be given by an inspector (which may include a direction that copies of a document not be required to be made and provided to the WHS entry permit holder); and

            (b)         the relevant person conducting the business or undertaking is not required under subsection (1)(d) to allow the WHS entry permit holder to inspect or make copies of a document if to do so would contravene a law of the Commonwealth or a law of a State.

        (3)         A relevant person conducting a business or undertaking must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1)(d).

WHS civil penalty provision.

Maximum penalty:

            (a)         in the case of an individual—$10 000;

            (b)         in the case of a body corporate—$50 000.

        (4)         Subsection (3) places an evidential burden on the defendant to show a reasonable excuse.