Margaret Diamond, General Counsel; Sophie Redmond, Executive Counsel; Greg Robertson, General Counsel; Harmers Workplace Lawyers
The Model Work Health and Safety Act (Model Act) recognises that there is significant potential for disputes to arise over the exercise of a right of entry to a workplace. In order to resolve any disagreements as quickly as possible, and thus enable the right of entry scheme to give effect to the relevant objects of the Model Act, there is a specific mechanism for dealing with disputes regarding rights of entry found in Div 6 of Pt 7.
Application to regulator — for inspector to assist in resolving dispute
A party to a dispute can ask the regulator to appoint an inspector to attend the workplace to assist in resolving the dispute (s 141).
Authorising authority may deal with dispute
Alternatively, the authorising authority may deal with the dispute, in any manner it thinks fit (s 142). The authorising authority may deal with the dispute on its own initiative, or on application by a person to whom the dispute relates (this term is defined in s 142(4) of the Model Act).
The authorising authority can impose an order on a party to the dispute, including imposing a condition on a WHS entry permit.
Contravention of an order made in respect of dispute
Contravening an order made by the authorising authority in relation to the dispute is a civil penalty provision.
Furthermore, where a WHS entry permit holder has contravened a condition on his or her permit which was imposed by the authorising authority (arising from a dispute under Pt 7), this penalty provision interacts with other penalty provisions relating to entry permits under the Model Act.
See Dealing with right of entry disputes.