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OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - SCHEDULE 19

Schedule 19—Entry permit statement

Regulation 536

While this entry permit is in force, Part 8 of the Occupational Health and Safety Act 2004 entitles the person named in the permit to enter a workplace during working hours to enquire into a suspected contravention of that Act or any regulations made under it. On entry, the person named in this permit may exercise all of the powers given to an authorised representative by Part 8 of the Occupational Health and Safety Act 2004 , including powers to inspect any thing at the workplace, to observe work and to consult with certain employees and the employer.

The entry permit remains in force for 3 years from the date of this entry permit unless, before the end of that period, it is revoked, or the person named in the entry permit ceases to be a permanent employee or officer of the registered employee organisation named in the entry permit, or the organisation ceases to be a registered employee organisation, whichever occurs first.

An entry permit which expires or is revoked must be returned to a registrar or deputy registrar of the Magistrates' Court within 14 days.

Offences relating to authorised representatives

Under the Occupational Health and Safety Act 2004 , it is an offence for the person named on this permit to—

        (a)     intentionally and unreasonably hinder or obstruct any employer or employee; or

        (b)     intentionally intimidate or threaten any employer or employee; or

        (c)     intentionally use or disclose, for a purpose not reasonably connected with the exercise of a power under Part 8 of the Occupational Health and Safety Act 2004 , information that was acquired from any employer or employee; or

        (d)     intentionally exercise or purport to exercise a power under Part 8 of the Occupational Health and Safety Act 2004 other than for the purpose of enquiring into a suspected contravention of that Act or the regulations.

It is also an offence to refuse the person named on this permit entry to a workplace, or to intentionally hinder, obstruct, intimidate or threaten that person in the exercise of the person's powers under Part 8 of the Occupational Health and Safety Act 2004 , or to induce or attempt to induce any other person to do so.

Sch. 20 inserted by S.R. No. 88/2021 reg. 6, amended by S.R. No. 137/2021 reg. 14.



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