3.I Right of Entry

A WHS permit entry holder must also hold a current Fair Work Act 2009 entry permit. Their WHS entry permit and photographic identification must be available at all times for inspection. Where there is a suspected workplace WHS contravention, a permit holder is not required to give prior notice. However, as soon as reasonably practicable they must give notice of their entry and the suspected contravention to Biotao or the person with management or control of the workplace.

The permit holder may, in relation to the suspected contravention, inspect any work system, plant substance or structure; consult with Biotao and its workers; be allowed to inspect and make copies of relevant documents (unless to do so would contravene a State or Commonwealth law); and warn any person of a serious risk to health and safety if immediate or imminent.

Otherwise a permit holder is required to give at least 24 hours notice (and no more than 14 days) to Biotao before entering a workplace to consult on WHS matters or provide advice on those matters to relevant workers.

Biotao must not, without reasonable excuse, refuse or unduly delay a permit holder’s entry into a workplace or obstruct them from exercising their rights under the WHS Act.

The permit holder must not intentionally and unreasonably delay, hinder or obstruct any person or disrupt any work at a workplace or otherwise act in an improper manner.