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Inspector powers

The following information is published to provide industry with an overview of the changes to work health and safety laws.

Inspectors powers of entry and specific powers on entry (e.g. seizing of evidence, requiring answers to questions, requiring production of documents, issuing of notice) are consistent with current provisions.

Under the new laws a person must comply with an inspector's request to produce documents and answer questions, otherwise they are committing an offence.

Where a document or answer may tend to incriminate a person, or expose them to a penalty, the document or answer cannot be used against that person. A person does not commit an offence, however, if they fail to produce a document or answer questions which might incriminate them without the inspector having first explained this.

Also, people must comply with an inspector's direction when they exercise enforcement powers under the new laws, for example:

The new Work Health and Safety Act 2011 has review procedures for an inspector's decisions.

Improvement and prohibition notices are consistent with current arrangements but can include directions and recommendations.

A person given a notice, must display a copy in a prominent place near the work to which the notice relates, while it is in force.

There is a new non-disturbance notice that is used to preserve a site or prevent disturbance to a site for investigation.