Week 7- WHS WOKRSHOP
Enforcement
§ s156 – empowers Regulator to appoint inspectors
§ In practice, the Regulator is the Chief Executive of Workplace Health and Safety
Queensland (WHSQ) – Bruce Watson
§ WHSQ employs inspectors to enforce the Act
§ Any reviews and appeals against decisions go to WHSQ in the first instance
Notification of Entry
s164 – Notification of entry
(1) an inspector may enter a place... without prior notice to any person
(2) an inspector must, as soon as practicable after entry to a workplace or suspected
workplace, take all reasonable steps to notify the following persons of the entry and the
purpose of entry
(a) the relevant person conducting a business...
(b) the person with management or control of the workplace
(c) any health and safety representative...
(3) However, an inspector is not required to notify any person if to do so would
defeat the purpose for which the place was entered or cause unreasonable delay
Limits on entry
s170
‘the powers of an inspector... in relation to entering a place are not exercisable in
relation to any part of a place that is used for residential purposes except:
(a) with the consent of the person with management or control
(b) under the authority conferred by a search warrant; or
(c) for the purpose only of gaining access to a suspected workplace, but only:
(i) if the inspector reasonably believes that no reasonable alternative access is
available; and
(ii) at a reasonable time having regard to the times at which the inspector believes
work is being carried out at the place
Major enforcement powers – improvement notices and prohibition notices
In practice, the most common enforcement measure used by inspectors is ‘improvement
notice’
s192 – outlines what inspector must include in improvement notice, including time to
remedy fault
s193 – ‘The person to whom an improvement notice is issued must comply with the notice
within the period stated’ – 500 PU
s195-197 – outlines powers to issue ‘prohibition notice’ for activity that presents serious risk
if continues
s197 – ‘The person to whom a direction is given under... a prohibition notice... must
comply...’ 1,000 PU
Enforcement
§ s156 – empowers Regulator to appoint inspectors
§ In practice, the Regulator is the Chief Executive of Workplace Health and Safety
Queensland (WHSQ) – Bruce Watson
§ WHSQ employs inspectors to enforce the Act
§ Any reviews and appeals against decisions go to WHSQ in the first instance
Notification of Entry
s164 – Notification of entry
(1) an inspector may enter a place... without prior notice to any person
(2) an inspector must, as soon as practicable after entry to a workplace or suspected
workplace, take all reasonable steps to notify the following persons of the entry and the
purpose of entry
(a) the relevant person conducting a business...
(b) the person with management or control of the workplace
(c) any health and safety representative...
(3) However, an inspector is not required to notify any person if to do so would
defeat the purpose for which the place was entered or cause unreasonable delay
Limits on entry
s170
‘the powers of an inspector... in relation to entering a place are not exercisable in
relation to any part of a place that is used for residential purposes except:
(a) with the consent of the person with management or control
(b) under the authority conferred by a search warrant; or
(c) for the purpose only of gaining access to a suspected workplace, but only:
(i) if the inspector reasonably believes that no reasonable alternative access is
available; and
(ii) at a reasonable time having regard to the times at which the inspector believes
work is being carried out at the place
Major enforcement powers – improvement notices and prohibition notices
In practice, the most common enforcement measure used by inspectors is ‘improvement
notice’
s192 – outlines what inspector must include in improvement notice, including time to
remedy fault
s193 – ‘The person to whom an improvement notice is issued must comply with the notice
within the period stated’ – 500 PU
s195-197 – outlines powers to issue ‘prohibition notice’ for activity that presents serious risk
if continues
s197 – ‘The person to whom a direction is given under... a prohibition notice... must
comply...’ 1,000 PU
