Northern Territory Consolidated Acts

WORK HEALTH ACT - SECT 37

37. Investigations

(1) An officer shall not conduct an investigation at a workplace until he or she has taken reasonable steps to notify the employer or the employer's representative of his or her having entered the workplace.

(2) On concluding an investigation at a workplace an officer shall give to the employer information about his or her observations and the steps, if any, he or she proposes to take as a result of that investigation.

(3) Where an officer proposes to take and remove a sample from a workplace for the purposes of analysis, he or she shall notify the employer and after having taken the sample he or she shall -

(a) where practicable, divide the sample taken into as many parts as are reasonably necessary for the analysis and for the purposes of this section and mark and seal, or mark and fasten up, each part in such manner as its nature will permit;

(b) where such division is practicable, deliver one part to the employer on being requested to do so by the employer; and

(c) retain one part for future comparison.

(4) Where an officer takes possession of a plant, substance or thing from a workplace, the occupier of or employer at the workplace may appeal to the Court against that action or the continued possession by the Authority of that plant, substance or thing.

(5) No person shall be required under this Division to answer a question or give information tending to incriminate himself or herself.