WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 110

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 110

110—Powers of entry and inspection

        (1)         For the purposes of this Act, an authorised officer may, at any reasonable time—

            (a)         enter any workplace;

            (b)         inspect the workplace, anything at the workplace and work there in progress;

            (c)         require a person who has custody or control of books, documents or records relevant to any matter arising under this Act to produce those books, documents or records;

            (d)         examine, copy and take extracts from any such books, documents or records, or require an employer to provide a copy of any such books, documents or records;

            (e)         take photographs, films or video or audio recordings;

            (f)         take measurements, make notes and records and carry out tests;

            (g)         require (directly or through an interpreter) any person to answer, to the best of that person's knowledge, information and belief, any question relevant to any matter arising under this Act;

            (h)         require an employer to produce any document, or a copy of any document, that is required to be prepared or kept under this Act.

        (2)         Where—

            (a)         a person whose native language is not English is suspected of having breached this Act; and

            (b)         the person is interviewed by an authorised officer in relation to that suspected breach; and

            (c)         the person is not reasonably fluent in English,

the person is entitled to be assisted by an interpreter during the interview.

        (3)         A person is not required—

            (a)         to provide information under this section that is privileged on the ground of legal professional privilege; or

            (b)         to answer a question under this section if the answer would tend to incriminate that person of an offence.

        (4)         An authorised officer, who suspects on reasonable grounds that an offence against this Act has been committed, may seize and retain anything that affords evidence of that offence.

        (5)         An authorised officer must, at the request of any person from whose possession evidentiary material is seized under subsection (4)

, provide a receipt for that material.

        (6)         Where anything has been seized under subsection (4)

the following provisions apply:

            (a)         the thing seized must be held pending proceedings for an offence against this Act related to the thing seized, unless the Minister, on application, authorises its release to the person from whom it was seized, or any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii)

);

            (b)         where proceedings for an offence against this Act relating to the thing seized are instituted within six months of its seizure and the person charged is found guilty of the offence, the court may—

                  (i)         order that it be forfeited to the Crown; or

                  (ii)         where it has been released pursuant to paragraph (a)

—order that it be forfeited to the Crown or that the person to whom it was released pay to the Minister an amount equal to its market value at the time of its seizure, as the court thinks fit;

            (c)         where—

                  (i)         proceedings are not instituted for an offence against this Act relating to the thing seized within six months after its seizure; or

                  (ii)         proceedings having been so instituted—

                        (A)         the person charged is found not guilty of the offence; or

                        (B)         the person charged is found guilty of the offence but no order for forfeiture is made under paragraph (b)

,

the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Minister, by action in a court of competent jurisdiction, the thing itself, or if it has deteriorated or been destroyed, compensation of an amount equal to its market value at the time of its seizure.

        (7)         In the exercise of powers under this section, an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.

        (8)         An employer whose workplace is subject to an inspection under this section must provide such assistance as may be necessary to facilitate the exercise of the powers conferred by this section.

        (9)         A person must not—

            (a)         hinder or obstruct an authorised officer in the exercise of a power conferred by this section; or

            (b)         refuse or fail, without lawful excuse, to comply with a requirement under this section.

Maximum penalty: $10 000.

        (10)         An authorised officer, or a person assisting an authorised officer, who in the course of exercising powers under this section in relation to an employer—

            (a)         unreasonably hinders or obstructs the employer in the day to day running of his or her business;

            (b)         addresses offensive language to the employer or to any other person at the workplace;

            (c)         assaults the employer or any other person at the workplace,

is guilty of an offence.

Maximum penalty:

            (a)         for an offence against paragraph (a)

or (b)

—$6 000;

            (b)         for an offence against paragraph (c)

—$6 000 or imprisonment for one year.