Work Health and Safety Act 2011

An inspector who enters a workplace under section 163 may do 1 or more of the following:

inspect, examine and make inquiries at the workplace;

inspect and examine anything (including a document) at the workplace;

bring to the workplace and use any equipment or materials that may be required;

take measurements, conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings);

take and remove for analysis a sample of any substance or thing without paying for it;

require a person at the workplace to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (e);

exercise any compliance power or other power that is reasonably necessary to be exercised by the inspector for the purposes of this Act.

A person required to give reasonable help under subsection (1) (f) must not, without reasonable excuse, refuse or fail to comply with the requirement.

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

Subsection (2) places an evidential burden on the accused to show a reasonable excuse.

Evidential burden—see the Criminal Code, s 58.