Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 171

171 Power to require production of documents and answers to questions

(1) If an inspector enters a workplace under this division, the inspector or another inspector 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 mentioned in paragraph (a) to give the document to the inspector; or

(c) require a person at the workplace to attend before the inspector at a stated reasonable time and place to answer 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.

(2A) Also, within 30 days after the day an inspector enters a workplace under this division, the inspector or another inspector may give a written notice to a person requiring the person—

(a) if the person has custody of, or access to, a particular document—to produce the document to the inspector within a particular period; or

(b) to give written answers to particular questions within a particular period; or

(c) to attend before the inspector and answer any questions put by the inspector—

(i) at a particular time and place; or

(ii) at a particular time by audiovisual link or audio link.

Note—

See section 173 (1A) in relation to matters required to be stated in the notice.

(2B) If a requirement is made of a person under subsection (2A) (c) (i) to attend before the inspector in person—

(a) the person may ask to attend by audiovisual link or audio link instead; and

(b) the inspector must agree to the request if it would be reasonable in the circumstances.

(2C) If a requirement is made of a person under subsection (2A) (c) (ii) to attend before the inspector by audiovisual link or audio link—

(a) the person may ask to attend in person; and

(b) the inspector must agree to the request if it is reasonable in the circumstances.

(2D) A requirement under subsection (2A) may only relate to a document or question relevant to the purpose for which the workplace was entered.

(2E) A notice under subsection (2A) may be served in any way that a notice may be issued or given under section 209 .

(3) An interview conducted by an inspector under subsection (1) (c) or subsection (2A) (c) must be conducted in private if—

(a) the inspector considers it appropriate; or

(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.

Penalty—

Maximum penalty—100 penalty units.

Note—

See sections 172 and 173 in relation to self-incrimination and section 269 in relation to legal professional privilege.

(7) Subsection (6) places an evidential burden on the accused to show a reasonable excuse.