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Work Health and Safety Act 2011
142Regulator may deal with a dispute about a right of entry
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142 Regulator may deal with a dispute about a right of entry
under this Act
(1) The regulator may deal with a dispute about the exercise or purported
exercise by a WHS entry permit-holder of a right of entry under this
Act (including a dispute about whether a request under section 128
(Work health and safety requirements) is reasonable).
(2) The regulator may deal with the dispute in any manner it thinks fit,
including by means of mediation, conciliation or arbitration.
(3) If the regulator deals with the dispute by arbitration, it may make 1 or
more of the following orders:
(a) an order imposing conditions on a WHS entry permit;
(b) an order suspending a WHS entry permit;
(c) an order revoking a WHS entry permit;
(d) an order about the future issue of WHS entry permits to 1 or
more persons;
(e) any other order it considers appropriate.
(4) The regulator may deal with the dispute—
(a) on its own initiative; or
(b) on application by any of the following to whom the dispute
relates:
(i) a WHS entry permit-holder;
(ii) the relevant union;
(iii) the relevant person conducting a business or undertaking;
(iv) any other person in relation to whom the WHS entry
permit-holder has exercised or purported to exercise the
right of entry;
(v) any other person affected by the exercise or purported
exercise of the right of entry by a WHS entry
permit-holder.
(5) In dealing with a dispute, the regulator must not confer any rights on
the WHS entry permit-holder that are additional to, or inconsistent
with, rights exercisable by the WHS entry permit-holder under this
part.