Part 9: WHS Inspector Powers and Functions

Regulatory citation: Model Work Health and Safety Act, Part 9 (Sections 156–190), Securing compliance

What Does Part 9 Cover?

Part 9 of the model WHS Act sets out how inspectors are appointed and what they can do. It covers powers of entry, powers on entry, search warrants, requiring documents and answers, seizure, compensation for damage and offences against inspectors. Inspectors are appointed by the regulator and are subject to its directions. A separate power for the regulator to obtain information by written notice sits in section 155 in Part 8.

Why Part 9 Matters

Inspectors' powers are broad. Knowing what an inspector can require, and what protections apply, helps businesses respond properly during an inspection or investigation.

Core Obligations

1. Inspector Appointment and Functions (ss156–162)

Inspectors provide information and advice, help resolve WHS issues, review provisional improvement notices, require compliance through notices, and investigate contraventions and assist prosecutions. They must show their identification on request.

2. Powers of Entry (ss163–164)

An inspector may enter a workplace, or a place they reasonably suspect is a workplace, at any time, with or without consent and without notice. After entry, the inspector must notify the PCBU, the person with management or control and any relevant HSR as soon as practicable, unless that would defeat the purpose of the entry or cause unreasonable delay.

3. General Powers on Entry (ss165–166)

On entry, inspectors can inspect, examine and make inquiries, bring equipment, take measurements and tests, make sketches and recordings including photos and video, and take samples. They can require reasonable help from people at the workplace, and refusing without reasonable excuse is an offence.

4. Documents, Answers and the 30-Day Notice (s171)

Inspectors can require people to produce documents and answer questions. Since the 2022 amendments, within 30 days after an inspector enters a workplace, that inspector or another can give written notice requiring documents, written answers, or attendance for questioning in person or by audio or audiovisual link. Requirements must relate to the purpose of the entry. Interviews are private if the inspector considers it appropriate or the person asks.

5. Self-Incrimination, Warnings and Privilege (ss172–173, s269)

A person cannot refuse to answer or produce a document because it might incriminate them. An individual's answers, information and documents are not admissible as evidence against them in civil or criminal proceedings, except proceedings about false or misleading information. The inspector must first identify themselves and give the required warnings. Legal professional privilege is preserved.

6. Warrants and Residential Areas (ss167–170)

A search warrant can be issued if there are reasonable grounds to suspect evidence of an offence is at a place, or may be there within the next 72 hours. A part of a workplace used only for residential purposes can only be entered with consent or a warrant, or passed through to reach the workplace if there is no other access.

7. Seizure and Damage (ss174–184)

Inspectors can copy and keep documents, seize evidence, and seize dangerous workplaces, plant, substances or things. They must minimise damage, give notice of any damage caused, and compensation may be payable.

8. Offences Against Inspectors (ss185–190)

Inspectors can require a person's name and address in set circumstances. It is an offence to hinder or obstruct an inspector, impersonate one, or assault, threaten or intimidate one.

Common Compliance Approaches

Inspection Protocol

Nominate who will meet inspectors, escort them, and record what is inspected, sampled or copied.

Document Readiness

Keep risk assessments, training records and maintenance logs organised so you can respond to notices on time.

Example: Inspector Powers in Practice

An inspector arrives unannounced at a timber mill after a reported hand injury. The site manager checks the inspector's identity card and walks them to the saw. The inspector photographs the guarding, takes measurements and speaks privately with two operators. Two weeks later, a written notice asks for the saw's maintenance records and training records within a set period, and the mill provides them.

Related regulations: WHS improvement and prohibition notices, WHS notifiable incidents, WHS enforceable undertakings.

Note: This summary is based on the model WHS Act published by Safe Work Australia. Model laws only take effect once a jurisdiction enacts them, and each jurisdiction's WHS Act can differ in wording, section numbers and penalties. Victoria has not adopted the model WHS laws and has its own OHS Act. Always check the legislation and regulator guidance that apply where you work.

Frequently Asked Questions

Does an inspector need permission to enter?

No. An inspector can enter a workplace at any time, with or without consent. Residential-only areas need consent or a warrant.

Can I refuse to answer an inspector's questions?

Not on the ground of self-incrimination, but an individual's answers cannot be used against them except in proceedings about false or misleading information. Legal professional privilege still applies.

Can an inspector ask for documents after leaving?

Yes. Within 30 days after entry, an inspector can give written notice requiring documents, written answers or attendance for questioning.