Part 7: WHS Entry Permit Holders (Right of Entry)

Regulatory citation: Model Work Health and Safety Act, Part 7 (Sections 116–151), Workplace entry by WHS entry permit holders

What Is Part 7?

Part 7 of the model WHS Act lets union officials who hold a WHS entry permit enter workplaces for two purposes. They can inquire into suspected contraventions of the Act that affect relevant workers, and they can consult and advise relevant workers on WHS matters. A relevant worker is a worker who is a member, or eligible to be a member, of the union, whose industrial interests the union is entitled to represent, and who works at the workplace.

Why Part 7 Matters

Right of entry gives workers another route to raise safety concerns. Businesses need to know when entry is lawful, what permit holders can do and what conduct is prohibited on both sides.

Core Obligations

1. Who Can Hold a WHS Entry Permit (ss131–137)

A union applies to the authorising authority for a permit for one of its officials. The official must have completed the prescribed training and hold, or be about to hold, an entry permit under the Fair Work Act 2009 (Cth) or the relevant state industrial law. A permit lasts 3 years unless it expires earlier, for example when the official's industrial entry permit ends or they stop being an official.

2. Entry to Inquire Into Suspected Contraventions (ss117–118)

A permit holder may enter a workplace to inquire into a suspected contravention that relates to or affects a relevant worker. They must reasonably suspect the contravention before entering. While there, they can inspect relevant work systems, plant and things, consult relevant workers and the PCBU, require access to directly relevant documents, and warn anyone they reasonably believe is exposed to a serious risk from an immediate or imminent hazard.

3. Notice After Entry (s119)

The 2022 amendments removed the 24-hour advance notice for this type of entry. The permit holder must instead give notice of the entry and the suspected contravention as soon as reasonably practicable after entering. Notice is not needed if it would defeat the purpose of the entry or unreasonably delay the permit holder in an urgent case.

4. Notice for Records and Consultation Entries (ss120–122)

To inspect employee records or documents held by someone other than the PCBU, or to enter to consult and advise workers, notice must be given during usual working hours at least 24 hours, but not more than 14 days, before entry.

5. Permit Holder Obligations (ss123–130)

A permit holder must comply with permit conditions and also hold their industrial entry permit. They must show the permit and photo identification on request, enter only during usual working hours and only the relevant work areas, and comply with reasonable WHS requirements. They must not enter parts of a workplace used only for residential purposes, and need not disclose the names of workers they act for unless the worker consents.

6. Revocation and Disputes (ss138–143)

The regulator, the relevant PCBU or other affected people can apply to revoke a permit on grounds including improper conduct or breach of conditions. The permit holder gets a show cause notice and 21 days to respond. Any party to a right of entry dispute can ask the regulator to appoint an inspector to help, and the authorising authority can deal with disputes, including by arbitration.

7. Prohibited Conduct (Division 7, from s144)

A person must not refuse or unduly delay entry by a permit holder without reasonable excuse, or hinder or obstruct them. Permit holders must not misrepresent their authority, misuse information obtained, or unreasonably disrupt work. Most Part 7 breaches are civil penalty provisions.

Common Compliance Approaches

Have a Right of Entry Procedure

Nominate who will meet permit holders, check permits and ID, and give site safety requirements.

Keep Records Ready

Know which documents relate to which work so you can respond quickly to requests for directly relevant records.

Example: Right of Entry in Practice

A union official arrives at a cold storage facility, saying members reported faulty forklift brakes. The site manager checks the WHS entry permit and photo ID, gives a site induction and escorts the official to the forklift area. The official speaks with workers and asks for maintenance records for the forklifts, which are provided. The official gives written notice of the suspected contravention later that day.

Related regulations: WHS discriminatory and coercive conduct, WHS HSRs and safety committees, WHS inspector powers.

Note: This summary is based on the model WHS Act published by Safe Work Australia. Right of entry rules differ between jurisdictions, including on notice periods and links to industrial relations laws, and model amendments only apply once enacted. Victoria has not adopted the model WHS laws. Always check the legislation that applies where you work.

Frequently Asked Questions

Does a permit holder need to give 24 hours' notice?

Not for entry to inquire into a suspected contravention under the current model Act. Notice is given as soon as reasonably practicable after entry. Entries to inspect records held by others or to consult workers need 24 hours to 14 days' notice.

Can we refuse entry?

Refusing or unduly delaying entry without reasonable excuse is prohibited. You can ask to see the permit and photo ID and require compliance with reasonable WHS requirements.

How long is a WHS entry permit valid?

3 years from issue, unless it expires or is revoked earlier.