NTIn ForceAct
Work Health and Safety (National Uniform Legislation) Act 2011
142Regulator may deal with a dispute about a right of entry under
Start here
Get a plain-English read of 142
Turn the raw legal text into a practical explanation grounded in Work Health and Safety (National Uniform Legislation) Act 2011.
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 is reasonable).
(2) The regulator may deal with the dispute in any manner it thinks fit,
including by means of mediation, conciliation or arbitration.
Work Health and Safety (National Uniform Legislation) Act 2011 82
(3) If the regulator deals with the dispute by arbitration, it may make
one 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 one 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.