118Rights that may be exercised while at workplace

118 Rights that may be exercised while at workplace (1) While at the workplace under this division, the WHS entry permit-holder may do 1 or more of the following in relation to the suspected contravention of this Act: (a) inspect any work system, plant, substance, structure or other thing relevant to the suspected contravention; (b) consult with the relevant workers in relation to the suspected contravention; (c) consult with the relevant person conducting a business or undertaking about the suspected contravention; (d) require the relevant person conducting a business or undertaking to allow the WHS entry permit-holder to inspect, and make copies of, any document that is directly relevant to the suspected contravention and that— (i) is kept at the workplace; or (ii) is accessible from a computer that is kept at the workplace; (da) take photographs, films, or audio, video or other recordings relevant to the suspected contravention; (e) warn any person whom the WHS entry permit-holder reasonably believes to be exposed to a serious risk to his or her health or safety emanating from an immediate or imminent exposure to a hazard, of that risk. (2) However, if it would result in a contravention of a law of the Commonwealth or a law of a State— (a) the relevant person is not required, under subsection (1) (d), to allow the WHS entry permit-holder to inspect or make copies of a document; and (b) the WHS entry permit-holder must not, under subsection (1) (da), take photographs, films, or audio, video or other recordings. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (3) A relevant person conducting a business or undertaking must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1) (d). (4) Subsection (3) places an evidential burden on the defendant to show Entry to inquire into suspected contraventions Division 7.2 (5) If, in the course of inquiring into a suspected contravention of this Act, the WHS entry permit-holder reasonably suspects that another contravention of this Act has occurred, the WHS entry permit-holder may exercise a right mentioned in subsection (1) in relation to the other contravention. Note 1 Evidential burden—see the Criminal Code, s 58. Note 2 At least 24 hours notice is required for an entry to a workplace to inspect employee records or other documents held by someone other than a person conducting a business or undertaking (see s 120). Note 3 The use or disclosure of personal information obtained under this section is regulated under the Privacy Act 1988 (Cwlth).