NTIn ForceAct
Work Health and Safety (National Uniform Legislation) Act 2011
171Power to require production of documents and answers to
Start here
Get a plain-English read of 171
Turn the raw legal text into a practical explanation grounded in Work Health and Safety (National Uniform Legislation) Act 2011.
171 Power to require production of documents and answers to
questions
(1) An inspector who enters a workplace under this Division may:
(a) require a person to tell the inspector who has custody of, or
access to, a document; or
(b) require a person who has custody of, or access to, a
document to produce that document to the inspector while the
inspector is at that workplace or within a specified period; or
(c) require a person at the workplace to answer any questions put
by the inspector.
(2) A requirement under subsection (1)(b) must be made by written
notice unless the circumstances require the inspector to have
immediate access to the document.
(3) An interview conducted by an inspector under subsection (1)(c)
must be conducted in private if:
(a) the inspector considers it appropriate; or
Work Health and Safety (National Uniform Legislation) Act 2011 96
(b) the person being interviewed so requests.
(4) Subsection (3) does not limit the operation of section 166 or prevent
a representative of the person being interviewed from being present
at the interview.
(5) Subsection (3) may be invoked during an interview by:
(a) the inspector; or
(b) the person being interviewed;
in which case the subsection applies to the remainder of the
interview.
(6) A person must not, without reasonable excuse, refuse or fail to
comply with a requirement under this section.
Note for subsection (6)
(7) Subsection (6) places an evidential burden on the accused to show
Note for section 171
See sections 172 and 173 in relation to self-incrimination and section 269 in
relation to legal professional privilege.