Workplace inspections
About electrical inspectors
Inspectors’ powers
What if I disagree with an inspector's decision?
About electrical inspectors
It’s the electrical inspector’s job to enforce the Electrical Safety Act 2002 (PDF, 788 KB), which means they need to ensure that workers, employers and the general public comply with electrical safety legislation.
Electrical inspectors carry out inspections and investigations and may also issue notices and on-the-spot fines.
Each inspector is issued with an identity card, and must show you the identity card on request while exercising any power under the Electrical Safety Act 2002.
The Electrical Safety Office can appoint a temporary inspector who has the powers of an appointed inspector.
Even if it is inconvenient, you must give an inspector reasonable help when asked to do so; unless you think you might incriminate yourself.
Inspectors must avoid unnecessarily getting in the way of business at a workplace.
Sections 122 to 128 of the Electrical Safety Act 2002 covers, amongst other things, the appointment conditions and limits of inspector powers
Inspectors’ powers
Section 137 of the Electrical Safety Act 2002 gives inspectors the power to enter a place if:
- the occupier consents; or
- it is a public place open at the time to the public; or
- a warrant authorises entry; or
- it is a workplace controlled by someone who has an electrical safety obligation under the Act; or
- there is an urgent need to investigate a serious electrical incident or dangerous electrical event.
Section 138 of the Act states that inspectors may enter:
- land surrounding premises; or
- part of a place the inspector reasonably considers to be open to the public normally.
Inspectors’ general powers on entering a place include:
- search anywhere
- inspect, measure, test, photograph or film any part of the place or anything
- take things or samples for analysis or testing
- copy documents
- make inquiries or conduct surveys or tests
- inquire into circumstances and probable causes of any serious electrical incident or dangerous electrical event
- take any necessary person, equipment or material into the place
- ask for reasonable help
- require answers to questions
However an inspector, who enters a workplace, must not unnecessarily impede any business being conducted there.
Inspectors have the power to seize an item if it is believed to be evidence of an offence or could be used again to repeat, or continue, an offence.
Inspectors can seize electrical equipment if:
- people or property are at electrical risk from the equipment; and
- urgent action is needed to prevent, remove or minimise the risk.
Sections 137 to 166 of the Electrical Safety Act 2002 covers the powers of inspectors and how they enforce the electrical safety legislation of Queensland.
Entry with consent
If an inspector intends to ask permission to enter, the occupier must first be told:
- why entry is sought; and
- that the inspector is permitted to enter, without consent.
If consent is given, the inspector will ask the occupier to sign an acknowledgment.
Procedures for other entries
If urgent entry is needed to investigate a serious electrical incident or dangerous electrical event, and the occupier is present, the inspector must tell the occupier:
- why entry is sought; and
- that the inspector is permitted to enter, without consent.
Warrants
An inspector may apply to a magistrate for a warrant to inspect a property.
A warrant may be issued if there’s good reason to suspect that an activity or thing on site provides evidence of an electrical safety offence at that place.
In urgent situations, a warrant may be issued over the phone, by fax, radio or by other communication. Read Section 142 of the Electrical Safety Act 2002 for more information on special warrants.
What if I disagree with an inspector's decision?
If your interests are affected by a decision made by an inspector, such as the decision to issue a notice, you have the right to seek a review of the decision.
The appeal process is explained on the reverse side of all enforcement notices and involves the following steps.
- An application for review of a decision (PDF, 178 KB) must be submitted on the approved form within a certain period (approved forms are also available from all WHSQ offices)
- In most cases the application should be submitted within 14 days after the day you receive notice of the inspector’s decision.
- If the application is for the review of a decision to forfeit a thing, the application must be submitted within 28 days after the day you receive notice of the original decision.
- Ensure you submit enough information on the application form to enable a decision to be made.
The Department of Justice and Attorney-General will give you written notice of the review decision within 14 days of making the decision.
You also have the right to make an appeal against an original decision or a review decision in the Industrial Court.
The Industrial Court may:
- confirm the decision appealed against
- vary the decision appealed against
- set aside the decision appealed against and make a substitute decision
- return the issue to the Electrical Safety Office
Last updated October 17, 2006
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