Division 7 of Pt 7 of the Model Work Health and Safety Act (Model Act) establishes some broad ranging prohibitions on conduct in respect of WHS entry permits and entry permit holders. By doing so, the Model Act aims to ensure that WHS entry permit holders are not prevented from properly exercising their rights, and that they do not act improperly in the exercise of their rights.

The prohibitions are as follows:

• a person must not refuse or delay the entry of a WHS entry permit holder (s 144);

• a person must not intentionally and unreasonably hinder or obstruct a WHS entry permit holder (s 145);

• a WHS entry permit holder must not intentionally and unreasonably delay, hinder or obstruct any person or disrupt work at workplace (s 146);

• misrepresentations about things authorised by Pt 7 are prohibited (s 147); and

• unauthorised use or disclosure of information or documents is also prohibited (s 148).

Each one of these prohibitions is a WHS civil penalty provision, with the maximum penalty in respect of a contravention listed after the prohibition. Either a regulator or an inspector authorised in writing by the regulator can commence proceedings against an individual or a body corporate for contravention of a WHS civil penalty provision.

The maximum penalties for the contravention of one of the Pt 7 prohibitions are very substantial: a maximum penalty of $10,000 in the case of an individual and $50,000 in the case of a body corporate.

See Prohibitions in respect of WHS entry permits.