Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An inspector may,
for the purposes of this Act —
(a) at
all reasonable times of the day or night, enter, inspect and examine any
workplace;
(b)
enter any workplace at any other time that the performance of his or her
functions under this Act requires such entry;
(c) when
entering any workplace, take with him or her such equipment and materials as
he or she considers appropriate;
(d)
conduct such examination and inquiry as he or she considers necessary to
ascertain whether there has been compliance with this Act;
(e)
examine any plant, substance or other thing whatsoever at the workplace;
(ea)
provide information to any person for the purpose of facilitating compliance
with this Act;
(f) take
and remove samples of any substance or thing, without paying for it;
(g) take
possession of any plant or thing for further examination or testing or for use
as evidence;
(h) take
photographs and measurements, and make sketches and recordings;
(i)
require the production of, examine, and take copies or
extracts of, any document;
(j)
require that the workplace, or any part of it, be left undisturbed for as long
as is specified in the requirement;
(k) in
accordance with subsections (1b) and (1c), interview any person who the
inspector has reasonable grounds to believe —
(i)
is, or was at any time during the preceding
3 years —
(I) an employee working at a workplace; or
(II) an employee
occupying residential premises mentioned in section 39G(2),
in relation to which
the inspector is inquiring;
(ii)
was at such a workplace or such residential premises at a
time that is relevant to a matter about which the inspector is inquiring; or
(iii)
may otherwise be able to provide information relevant to
a matter about which the inspector is inquiring;
(l)
require any person whom the inspector interviews under paragraph (k) to
answer any questions put to him or her and, if the inspector considers it
appropriate, to verify any such answer by statutory declaration;
(m)
require any person to state his or her name and address;
(n)
require the employer or any person who works at a workplace to render such
assistance to the inspector as the inspector considers necessary for the
performance of his or her functions under this Act;
(o)
exercise such other powers as may be conferred on him or her by the
regulations or as may be necessary for the performance of his or her functions
under this Act.
(1a) In
subsection (1) —
workplace includes residential premises that an
employer is or was under a duty to maintain by virtue of section 23G(2).
(1b) An interview
referred to in subsection (1)(k) is to be conducted in private
if —
(a) the
inspector considers that to be appropriate; or
(b) the
person to be interviewed so requests,
but this subsection
does not limit the operation of subsection (2) or section 44.
(1c)
Subsection (1b) may be invoked during an interview by —
(a) the
inspector; or
(b) the
person being interviewed,
in which case that
subsection applies to the remainder of the interview.
(2) In exercising any
of his or her powers under this Act an inspector may be accompanied by any
other person whose assistance the inspector considers necessary, and that
person may do such things as are necessary to assist the inspector in the
performance of his or her functions, and any thing so done shall be deemed to
have been done by the inspector.
(3) In carrying out
the functions of an inspector under this Act, an inspector shall act in such a
manner as to avoid unduly or unreasonably interfering with any work or work
process or affecting adversely a covert operation within the meaning of
section 4A(1).
[Section 43 inserted by No. 43 of 1987
s. 13; amended by No. 30 of 1995 s. 32; No. 54 of 2002
s. 7; No. 51 of 2004 s. 10, 59, 91, 102.]