Work Health and Safety Act 2011

An inspector who enters a workplace under this division may, while the inspector is at the workplace—

require a person to tell the inspector who has custody of, or access to, a document; or

require a person who has custody of, or access to, a document mentioned in paragraph (a) to produce the document to the inspector; or

require a person at the workplace to answer any questions put by the inspector.

A requirement under subsection (1) (b) must be made by written notice unless the circumstances require the inspector to have immediate access to the document.

Also, within 30 days after the day an inspector enters a workplace under this division, the inspector or another inspector may give a written notice to a person—

if the person has custody of, or access to, a stated document—requiring the person to produce the document to the inspector within a specified period; or

requiring the person to give written answers to specified questions within a specified period; or

requiring the person to—

attend before the inspector at a specified time and place and answer any questions put by the inspector; or

attend before the inspector at a specified time, by audiovisual link or audio link, and answer any questions put by the inspector.

If a person is required under subsection (2A) (c) (i) to attend before the inspector in person—

the person may ask to attend before the inspector by audiovisual link or audio link instead; and

the inspector must agree to the request if it would be reasonable in the circumstances.

If a person is required under subsection (2A) (c) (ii) to attend before the inspector by audiovisual link or audio link—

the person may ask to attend before the inspector in person instead; and

the inspector must agree to the request if it would be reasonable in the circumstances.

A requirement under subsection (2A) may only relate to a document or question relevant to the purpose for which the workplace was entered.

A notice under subsection (2A) may be served in any way that a notice may be issued or given under section 209 (Issue and giving of notice).

An interview conducted by an inspector under subsection (1) (c) or (2A) (c) must be conducted in private if—

the inspector considers it appropriate; or

the person being interviewed so requests.

Subsection (3) does not—

limit the operation of section 166 (Persons assisting inspectors); or

prevent a representative of the person being interviewed from being present at the interview.

Subsection (3) may be invoked during an interview by—

the inspector; or

the person being interviewed, in which case the subsection applies to the remainder of the interview.

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

See s 172 and s 173 in relation to self‑incrimination and s 269 in relation to legal professional privilege.

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

Subsection (6) places an evidential burden on the accused to show a reasonable excuse.

Evidential burden—see the Criminal Code, s 58.