Fair Work Act 2009

An official of an organisation must not exercise a State or Territory OHS right unless the official is a permit holder.

This subsection is a civil remedy provision (see Part 4‑1).

A right to enter premises, or to inspect or otherwise access an employee record of an employee that is on premises, is a State or Territory OHS right if the right is conferred by a State or Territory OHS law, and:

the premises are occupied or otherwise controlled by any of the following:

a constitutional corporation;

a body corporate incorporated in a Territory;

the Commonwealth;

a Commonwealth authority; or

the premises are located in a Territory; or

the premises are, or are located in, a Commonwealth place; or

the right relates to requirements to be met, action taken, or activity undertaken or controlled, by any of the following in its capacity as an employer:

a constitutional corporation;

a body corporate incorporated in a Territory;

the Commonwealth;

a Commonwealth authority; or

the right relates to requirements to be met, action taken, or activity undertaken or controlled, by an employee of, or an independent contractor providing services for, any of the following:

a constitutional corporation;

a body corporate incorporated in a Territory;

the Commonwealth;

a Commonwealth authority; or

the exercise of the right will have a direct effect on any of the following in its capacity as an employer:

a constitutional corporation;

a body corporate incorporated in a Territory;

the Commonwealth;

a Commonwealth authority; or

the exercise of the right will have a direct effect on a person who is employed by, or who is an independent contractor providing services for, any of the following:

a constitutional corporation;

a body corporate incorporated in a Territory;

the Commonwealth;

a Commonwealth authority.

A State or Territory OHS law is a law of a State or a Territory prescribed by the regulations.

Subsection (1), and sections 495 to 498, do not apply to an official of an organisation assisting a health and safety representative on request under a provision of a State or Territory OHS law equivalent to paragraph 68(2)(g) of the Work Health and Safety Act 2011.

However, sections 499 to 504 do apply in relation to the official:

whether or not the official is a permit holder; and

for the purposes of sections 499 to 502—if the official is not a permit holder, as if the official were a permit holder; and

as if giving the assistance to the health and safety representative were authorised by this Part, or were the exercise of rights under this Part (as the case requires); and

for the purposes of section 504—as if that section prohibited the use of information or a document obtained in giving the assistance other than for a purpose related to the exercise or performance of the powers or functions of the health and safety representative (subject to the exceptions set out in that section).