Part 4
Enforcement and other matters
Inspectors and health and safety medical practitioners:
Health and safety medical practitioners
183Powers of entry and inspection of health and safety medical practitioners
For the purposes of relevant health and safety legislation, a health and safety medical practitioner may, at any reasonable time, enter a workplace and—
- conduct examinations, tests, inquiries, and inspections, or direct a PCBU to conduct examinations, tests, inquiries, or inspections:
- be accompanied and assisted by any other person and bring into the workplace any equipment necessary to carry out the health and safety medical practitioner's functions:
- take photographs and measurements and make sketches and recordings:
- require a PCBU to produce documents or information relating to the workplace or the workers who work there and permit the health and safety medical practitioner to examine and make copies or extracts of the documents and information.
Despite subsection (1), a health and safety medical practitioner must not, except with the consent of an occupier or pursuant to a warrant issued under subsection (4),—
- enter a workplace that is, or is within, a home; or
- enter a workplace through a home.
Despite subsection (1), a health and safety medical practitioner must not enter a defence area except in accordance with a written agreement between the regulator and the Chief of Defence Force that is entered into for the purposes of this section and is for the time being in force.
An issuing officer may, on an application made by a health and safety medical practitioner in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, issue a warrant to enter a home (or part of a home) if he or she is satisfied that there are reasonable grounds to believe that the home—
- is a workplace or has a workplace within it; or
- is the only practicable means through which the health and safety medical practitioner may enter the workplace.