Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person must not
interfere with a site at or near a facility if, before the completion of the
inspection of the site by an OHS inspector, there was —
(a) an
accident causing the death of, or serious personal injury to, a person; or
(b) an
accident causing a member of the workforce to be incapacitated from performing
work for the period mentioned in regulation 51; or
(c) a
dangerous occurrence.
Penalty: a fine of $2 200.
(2) It is a defence to
a prosecution for an offence under subregulation (1) that —
(a) the
person was acting with the written or oral authority of an OHS inspector; or
(b) the
person was acting, in a reasonable manner, for any of the following
purposes —
(i)
helping or rescuing a sick, injured or endangered person;
(ii)
maintaining the safety of the facility or of persons at
the facility;
(iii)
reducing danger to the facility or to persons at the
facility;
(iv)
retrieving, or attempting to retrieve, the body of a dead
person;
or
(c)
notice of, and a report about, the accident or dangerous occurrence had been
given under clause 71(1) of Schedule 5 to the Act but an OHS
inspector had not entered the facility at or near which the accident or
dangerous occurrence occurred in response to the notice within 3 working days
of notice being given.