Entry Permit Holder Powers – Changes Effective from 7 September 2020

Entry Permit Holder Powers –œ changes effective from 7 September

Members will note recent changes to the powers of entry permit holders when investigating a suspected breach of the WHS legislation.  Yesterday, Michael Young and Ellen Lukins (ACT Government) provided an update to members regarding the background for these changes and the obligations of both the entry permit holder and PCBU when a right of entry power is exercised.

To clarify the rights and obligations of an entry permit holder, WorkSafe ACT have now issued two (2) updated Guidance Notes for distribution to members:

• WHS Entry Permit Holders –œ Workplace Right of Entry Obligations
• Entry Permit Holders –œ Rights and Responsibilities when exercising entry without prior notice

Please note that the WHS legislation does not only apply to construction industry but to all workplaces. 

Members are encouraged to provide feedback to MBA if they have experienced an entry permit holder exercising this new right under the legislation.  Feel free to contact Michael Hopkins, CEO, or Kristie Burt, Legal Counsel, to discuss on (02) 6175 5900.