Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 89

Powers on entry

89. Powers on entry



(1) An authorised representative of a registered employee organisation who
enters a place under section 87 may do any of the following but only to the
extent that it is reasonable for the purpose of enquiring into the suspected
contravention-

   (a)  inspect any plant, substance or other thing at the place;

   (b)  observe work carried on at the place;

   (c)  consult with one or more employees (with their consent) at the place
        who are members or are eligible to be members of the registered
        employee organisation;

   (d)  consult with any employer at the place about anything relevant to the
        matter into which the representative is enquiring.

(2) The authorised representative must produce his or her entry permit for
inspection if asked to do so when exercising any of the powers under
subsection (1).

(3) If, while the authorised representative is at the place, an issue arises
between the authorised representative and the employer who has, or a person
who on behalf of the employer has, the management and control of the work at
the place about the exercise of any of those powers, either of those persons
may ask the Authority to arrange for an inspector to attend at the place to
enquire into the issue.

(4) The Authority must ensure that an inspector attends the place as soon as
possible after the request is made and the inspector-

   (a)  must as soon as possible enquire into the issue; and

   (b)  may perform any of his or her functions or exercise any of his or her
        powers under this Act that the inspector considers reasonably
        necessary in the circumstances.