Margaret Diamond, General Counsel; Sophie Redmond, Executive Counsel; Greg Robertson, General Counsel; Harmers Workplace Lawyers

The Model Work Health and Safety Act (the Model Act) contains a number of provisions designed to provide a framework for ensuring that there is compliance with the safety legislation at all levels.

To ensure that there is a mechanism for investigating whether the Act is being complied with and for bringing proceedings for breaches of the Act, the Model Act makes provision for a regulator (in Pt 8 of the Act) and for inspectors (in Pt 9 of the Act).

Part 9 of the Model Act, which is called “Securing Compliance”, deals with the appointment of inspectors: see Inspectors — appointment.

This Part deals with inspectors’ powers and functions generally (see Inspectors: powers generally), including powers to enter a workplace and other places (see Inspectors: general powers relating to entry and Inspectors: specific powers relating to entry) and powers in relation to requiring persons to identify themselves, taking affidavits and attendance at coronial inquests (see Inspectors: documents, interviews and the privilege against self-incrimination).

The Part also gives inspectors power to enter premises under warrant: see Inspectors: powers and duties under warrant.

In addition to the role described for them in Pt 9, inspectors also have a significant role in assisting with the resolution of work health and safety issues at workplace level. There are also a number of specific roles dealt with throughout the Model Act.