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Workcover Inspectors are persons that hold a WHS entry permit and are authorised to enter a workplace to inquire into a suspected contravention of the WHS Act that relates to or affects a  relevant worker. They also have powers to inspect employee records or other documents relating to the suspected contravention held by another person, and consult or advise relevant workers on work health and safety matters.

An inspector may be a union official who has completed an approved training course and holds a valid and current entry permit under the Commonwealth’s Fair Work Act 2009 (Fair Work Act) or the relevant state or territory workplace legislation (whichever applies).

An inspector should identify themselves and if they don’t you may request that they provide identification. Inspectors may communicate with you and request for the provision of certain information or answers to assist with their investigation or prosecution. They must provide warnings that failure to answer a question, without reasonable excuse, would constitute an offence, and the fact that an answer may be incriminating does not excuse you from answering.  

While inspectors may compel answers or information which may be self-incriminating these  answers or information cannot be used as evidence against an individual in civil or criminal proceedings, other than proceedings arising out of the false or misleading nature of the answer, information or document.

Should an inspector finds a person guilty of an offence under the WHS, or forms a suspicion or believes a person may be able to assist in an investigation, they may request for that person’s name and address and it is an offence to fail to comply with these requirements without reasonable excuse.

When liaising with Workcover Inspectors they may discuss work health and safety rights and obligations.  You are permitted to make a reasonable request for the inspector to comply with any work health and safety requirements or any other legal requirement that may apply at the workplace. If you are the person with management or control of the workplace, the inspector must advise you of their entry.  You must provide with them reasonable access to inspect your workplace, consult with you and/or your workers and make photocopies of any documents held in the workplace or accessible from it.

Any request for documents by an inspector to a person who has access or custody of a document must be made by written notice unless the document is provided voluntarily or circumstances require the inspector to have immediate access to the document. It is an offence for a person to refuse or fail to comply with the inspector’s request without reasonable excuse. However the person may refuse to produce a document or information that is subject to legal professional privilege. Holistic legal advice from an Employment Lawyer may be advantageous to ensure that you have a thorough understanding of how to deal and communicate with Workcover Inspectors.

If you seek further assistance or legal advice regarding Liaising with Workcover Inspectors, please make an appointment to see one of our employment solicitors. Call us on (02) 9233 4048 or email info@navado.com.au to book. 

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