Occupational Health and Safety (Entry Permits) Regulations 2005

i Occupational Health and Safety (Entry Permits) Regulations 2005 S.R. No. 64/2005 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Information to be included on entry permits 2 ═══════════════ -- 1 of 5 -- 1 STATUTORY RULES 2005 S.R. No. 64/2005 Occupational Health and Safety Act 2004 Occupational Health and Safety (Entry Permits) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 21 June 2005 Responsible Minister: JOHN LENDERS Minister for Workcover and the TAC RUTH LEACH Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe the information to be included in entry permits issued by the Magistrates' Court under Part 8 of the Occupational Health and Safety Act 2004. 2. Authorising provision These Regulations are made under section 158 of the Occupational Health and Safety Act 2004. 3. Commencement These Regulations come into operation on 1 July 2005. -- 2 of 5 -- S.R. No. 64/2005 Occupational Health and Safety (Entry Permits) Regulations 2005 2 4. Information to be included on entry permits For the purposes of section 83(4) of the Occupational Health and Safety Act 2004, the following information is prescribed— (a) the name of the authorised representative; (b) the name of the registered employee organisation, or the relevant branch of the organisation, of which the authorised representative is a permanent employee or officer; (c) the address of the registered employee organisation or relevant branch of the organisation; (d) a passport sized photograph (no more than 6 months old) of the authorised representative; (e) the date of issue of the entry permit; (f) a unique number that identifies the entry permit; (g) a statement to the following effect— "While this entry permit is in force, Part 8 of the Occupational Health and Safety Act 2004 entitles the person named in the permit to enter a workplace during working hours to enquire into a suspected contravention of that Act or any regulations made under it. On entry, the person named in this permit may exercise all of the powers given to an authorised representative by Part 8 of the Occupational Health and Safety Act 2004, including powers to inspect any thing at the workplace, to observe work and to consult with certain employees and the employer. r. 4 -- 3 of 5 -- S.R. No. 64/2005 Occupational Health and Safety (Entry Permits) Regulations 2005 3 The entry permit remains in force for 3 years from the date of this entry permit unless, before the end of that period, it is revoked or the person named in the entry permit ceases to be a permanent employee or officer of the registered employee organisation named in the entry permit or the organisation ceases to be a registered employee organisation, whichever occurs first. An entry permit which expires or is revoked must be returned to a registrar or deputy registrar of the Magistrates' Court within 14 days. Offences relating to authorised representatives It is an offence for the person named on this permit to— (a) intentionally and unreasonably hinder or obstruct any employer or employee; or (b) intentionally intimidate or threaten any employer or employee; or (c) intentionally use or disclose, for a purpose not reasonably connected with the exercise of a power under Part 8 of the Occupational Health and Safety Act 2004, information that was acquired from any employer or employee; or (d) intentionally exercise or purport to exercise a power under Part 8 of the Occupational Health and Safety Act 2004 other than for the purpose of enquiring into a suspected contravention of that Act or the regulations. r. 4 -- 4 of 5 -- S.R. No. 64/2005 Occupational Health and Safety (Entry Permits) Regulations 2005 4 It is also an offence to refuse the person named on this permit entry to a workplace, or to intentionally hinder, obstruct, intimidate or threaten that person in the exercise of his or her powers under Part 8 of the Occupational Health and Safety Act 2004, or to induce or attempt to induce any other person to do so.". ═══════════════ r. 4 -- 5 of 5 --