Work Health and Safety Act 2011

This section applies if the regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence—

in relation to a possible contravention of this Act; or

that will assist the regulator to monitor or enforce compliance with this Act.

A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).

The regulator may, by written notice served on the person, require the person to do 1 or more of the following:

to give the regulator, in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, that information of which the person has knowledge;

to produce to the regulator, in accordance with the notice, those documents;

to appear before a person appointed by the regulator on a day, and at a time and place, specified in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents.

For how documents may be served, see the Legislation Act, pt 19.5.

The notice may be served in any way that a notice may be issued or given under section 209 (Issue and giving of notice).

The notice must—

state that the requirement is made under this section; and

contain a statement to the effect that it is an offence to refuse or fail to comply with the requirement without reasonable excuse; and

if the notice requires the person to provide information or documents or answer questions—

contain a statement about the effect of—

section 172 (Abrogation of privilege against self‑incrimination); and

section 269 (Act does not affect legal professional privilege); and

state that the person may attend with a legal practitioner.

The regulator must not make a requirement under subsection (2) (c) unless the regulator has taken all reasonable steps to obtain the information under subsection (2) (a) and (b) and has been unable to do so.

A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section.

Strict liability applies to each physical element of this offence (see s 12A).

Subsection (5) places an evidential burden on the accused to show a reasonable excuse.

Evidential burden—see the Criminal Code, s 58.

Section 172 (with any necessary changes) applies to a requirement under this section.

A notice may be served on a person under this section even though—

the person is outside the ACT; or

the notice relates to information, documents or evidence—

outside the ACT; or

relating to a matter happening outside the ACT.