168 Powers of entry and inspection

(1)

Subject to section 169, for the purpose of performing any function of the regulator or an inspector under relevant health and safety legislation, any inspector may, at any reasonable time, enter any workplace and—

(a)

conduct examinations, tests, inquiries, and inspections, or direct a PCBU or a person who is or appears to be in charge of the workplace to conduct examinations, tests, inquiries, or inspections:

(b)

be accompanied and assisted by any other person and bring into the workplace any equipment necessary to carry out the inspector’s functions:

(c)

take photographs and measurements and make sketches and recordings:

(d)

require the PCBU or a person who is or appears to be in charge of the workplace to ensure that the workplace or any place or thing in the workplace specified by the inspector is not disturbed for a reasonable period pending examination, test, inquiry, or inspection:

(e)

require the PCBU or a person who is or appears to be in charge of the workplace to—

(i)

produce information relating to the work, the workplace, or the workers who work there; and

(ii)

produce information relating to the PCBU’s compliance with relevant health and safety legislation; and

(iii)

permit the inspector to examine and make copies of, or take extracts from, the information:

(f)

require the PCBU or a person who is or appears to be in charge of the workplace to make or provide statements, in any form and manner that the inspector specifies.

(2)

An inspector may do any of the things referred to in subsection (1), whether or not—

(a)

the inspector or the person whom the inspector is dealing with is in the workplace; or

(b)

the workplace is still a workplace; or

(c)

the workers work in the workplace; or

(d)

the PCBU is still a PCBU in respect of the workplace; or

(e)

the workers still carry out work in any capacity for the PCBU; or

(f)

in respect of any information, the information is—

(i)

in the workplace; or

(ii)

in the place where the inspector is; or

(iii)

in another place.

(3)

Despite subsection (1), an inspector must not enter a defence area except in accordance with a written agreement between the regulator and the Chief of Defence Force that is entered into for the purposes of this section and is for the time being in force.

(4)

Despite subsection (1)(e), if all or any part of the information relates to a person’s health status and identifies the person, an inspector must not, without that person’s consent,—

(a)

require the production of information; or

(b)

examine the information; or

(c)

make a copy of, or take an extract from, the information.

(5)

Nothing in this section affects the application of section 60 of the Evidence Act 2006.

(6)

In this section, information includes any document.

Compare: 1992 No 96 s 31; Model Work Health and Safety Act (Aust) s 163