WORK HEALTH AND SAFETY ACT 2011 - SECT 142 Commission may deal with a dispute about a right of entry under this Act

WORK HEALTH AND SAFETY ACT 2011 - SECT 142

142 Commission may deal with a dispute about a right of entry under this Act

(1) The commission may deal with a dispute about the exercise or purported exercise by a WHS entry permit holder of a right of entry under this Act (including a dispute about whether a request under section 128 is reasonable).

(2) The commission may deal with the dispute in any way it thinks fit, including by means of mediation, conciliation or arbitration.

(3) If the commission deals with the dispute by arbitration, it may make 1 or more of the following orders—

(a) an order imposing conditions on a WHS entry permit;

(b) an order suspending a WHS entry permit;

(c) an order revoking a WHS entry permit;

(d) an order about the future issue of WHS entry permits to 1 or more persons;

(e) any other order it considers appropriate.

(4) The commission may deal with the dispute—

(a) on its own initiative; or

(b) on application by any of the following to whom the dispute relates—

(i) a WHS entry permit holder;

(ii) the relevant union;

(iii) the relevant person conducting a business or undertaking;

(iv) any other person in relation to whom the WHS entry permit holder has exercised or purported to exercise the right of entry;

(v) any other person affected by the exercise or purported exercise of the right of entry by a WHS entry permit holder;

(vi) the regulator.

(5) In dealing with a dispute, the commission must not confer any rights on the WHS entry permit holder that are additional to, or inconsistent with, rights exercisable by the WHS entry permit holder under this part.

(6) A person dissatisfied with the decision of the commission may appeal under the Industrial Relations Act 2016 , chapter 11 , part 6 .

Note—

See the Industrial Relations Act 2016 , chapter 11 , part 6 .