Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 173

173 Warning to be given

(1) Before requiring a person to answer a question or provide information or a document under this part other than by a written notice under section 171 (2A) , an inspector must—

(a) identify himself or herself to the person as an inspector by producing the inspector’s identity card or in some other way; and

(b) warn the person that failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and

(c) warn the person about the effect of section 172 ; and

(d) advise the person about the effect of section 269 .

(1A) A written notice under section 171 (2A) must—

(a) state that the notice is given under section 171 (2A) ; and

(b) state the purpose of the entry to the workplace to which the notice relates; and

(c) contain a statement to the effect that it is an offence to refuse or fail to comply with a requirement in the notice without reasonable excuse; and

(d) contain a statement about the effect of sections 172 and 269 ; and

(e) if the notice requires the person to attend before an inspector—state that the person may attend with a legal practitioner or other representative.

(2) It is not an offence for an individual to refuse to answer a question put by an inspector or provide information or a document to an inspector under this part on the ground that the question, information or document might tend to incriminate him or her, unless he or she was first given the warning in subsection (1) (c) or the statement mentioned in subsection (1A)(d) .

(3) Nothing in this section prevents an inspector from obtaining and using evidence given to the inspector voluntarily by any person.