WHS entry permit holders who lawfully enter a workplace under s 117 of the Work Health and Safety Act 2011 (Qld) have a statutory right to remain for the purpose of conducting inquiries under s 118, and that right is not extinguished by the occupier's refusal to cooperate, the failure of industrial inspectors to give a direction under s 141A, or the permit holder's failure to apply to the Industrial Commission under s 142. An occupier's refusal to cooperate does not convert a lawful entry into trespass. On costs, an appellate court reviewing a discretionary decision under s 158B(2) of the Justices Act must identify a House v The King error and cannot merely substitute its own evaluation.
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