Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 83

Issue of entry permits

83. Issue of entry permits



(1) A member of the committee of management of a registered employee
organisation, or of a branch of such an organisation, may apply to the
Magistrates' Court for an entry permit to be issued to a person who is an
officer or employee of the organisation as an authorised representative of the
organisation.

(2) An application for an entry permit must specify the person who is to hold
the entry permit and include a statutory declaration or affidavit declaring or
deposing-

   (a)  that the person is qualified under section 81 to hold an entry permit;
        and

   (b)  that the issue of the entry permit would not exceed the limit set out
        in the Minister's determination (if any) under section 80; and

   (c)  whether-

   (i)  any entry permits issued to the person have been revoked; or

   (ii) the person has been convicted or found guilty of an offence against
        this Part; or

   (iii) the person has been convicted or found guilty of any indictable
        offence within the previous 5 years.

(3) The Magistrates' Court may issue an entry permit to a person if it is
satisfied about each of the matters in subsections (2)(a) and (b) and has had
regard to the matters in subsection (2)(c).

(4) An entry permit must include the information (if any) prescribed by the
regulations.

(5) A person who holds an entry permit is an authorised representative of the
registered employee organisation that applied for the permit.