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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 175B

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 175B

175B .         Powers

        (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 place where it is suspected that workers may be employed or books, accounts, documents or records required to be inspected may be held;

            (b)         conduct such examination and inquiry as appears necessary to ascertain whether there has been compliance with this Act;

            (c)         require the production of, examine, and take copies or extracts of, any books, accounts, documents or records;

            (d)         interview, either in private or otherwise, as the inspector considers appropriate, any person who the inspector has reasonable grounds to believe is able to provide information that may assist the inspector to perform a function under this Act;

            (e)         require any person interviewed under paragraph (d) to answer any question and, if the inspector considers it appropriate, to verify any such answer by statutory declaration;

            (f)         require an employer to provide within 28 days a certificate from an auditor containing a statement as to —

                  (i)         the number of workers employed by the employer during a specified period; and

                  (ii)         the amount of wages, salary, and other forms of remuneration paid by the employer to each worker during that period;

            (g)         require any person to state the person’s name and address;

            (h)         require an employer or any of the employer’s workers to assist the inspector in the performance of a function under this Act, as the inspector considers necessary;

                  (i)         exercise such other powers as may be conferred by the regulations or as may be necessary for the performance of any function under this Act.

        (2)         In subsection (1) —

        auditor means a person who is registered as an auditor under Part 9.2 of the Corporations Act 2001 of the Commonwealth.

        (3)         In exercising any power 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 the inspector’s functions, and anything so done is deemed to have been done by the inspector.

        [Section 175B inserted: No. 34 of 1999 s. 46(1); amended: No. 10 of 2001 s. 219.]