Right of Entry under the WHS legislation

Right of Entry under the WHS legislation

An entry permit-holder is permitted to make enquiries in relation to:

• A suspected contravention of the WHS that relates to or affects a relevant worker; and/or
• To consult with and advise workers in relation to work, health and safety matters.

For lawful right of entry to occur, the following criteria must be met:

REMINDER – Members are encouraged to comply with their obligations under the law in relation to allowing entry to site where right of entry is properly exercised.

A failure to do so can result in you being prosecuted for a breach of the WHS legislation – for example:

• A person must not hinder or refuse entry to WHS entry permit holder – individual $10,000 / body corporate $50,000
• A person must not hinder or obstruct WHS entry permit holder – individual $10,000 / body corporate $50,000

Further information about right of entry can be found here:

• WorkSafe ACT
• Australian Building and Construction Commission

If you have specific queries or would like to speak to the IR & Legal Team about arranging some on-site Eight of Entry training, please contact Kristie Burt, Legal Counsel.