Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 119

119 Notice of entry

(1) Before entering a workplace under section 117 , a WHS entry permit holder must give notice of the proposed entry and the suspected contravention of this Act or the Electrical Safety Act 2002 to—

(a) the relevant person conducting a business or undertaking; and

(b) the person with management or control of the workplace.

(2) The notice must comply with a regulation made for this section.

(3) The notice must be given during usual working hours at that workplace at least 24 hours, but not more than 14 days, before the entry.

(4) Subsection (5) applies if a WHS entry permit holder reasonably believes that a relevant worker is exposed to a serious risk to their health and safety, emanating from an immediate or imminent exposure to a hazard.

(5) Despite subsections (1) and (3) , the WHS entry permit holder may give the notice to the persons mentioned in subsection (1) as soon as reasonably practicable after entering the workplace.

(6) A notice given or purported to be given under this section is not invalid only because of—

(a) a formal defect or irregularity in the notice; or

(b) a failure to use the correct name of a person or relevant union mentioned in the notice if the notice sufficiently identifies the person or union.