Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
authorised person , in relation to a workplace,
means —
(a) an
employer of any employee at the workplace, including a person that is an
employer by operation of section 23D, 23E or 23F; and
(b) any
self-employed person carrying out work at the workplace; and
(c) a
person at the workplace who has the management and control of —
(i)
the workplace; or
(ii)
the work being carried out at the workplace;
conduct includes a failure to do a particular act
or thing;
employee includes a person who is an employee by
operation of section 23D, 23E or 23F.
(2)
Subsection (3) applies if —
(a) a
person (a visitor ) is at a workplace otherwise than in the capacity
of —
(i)
an employer; or
(ii)
an employee; or
(iii)
a self-employed person; or
(iv)
a person having control, to any extent, of the workplace;
and
(b) an
authorised person believes on reasonable grounds that —
(i)
any conduct of the visitor at the workplace; or
(ii)
the presence of the visitor in the workplace or in a
particular part of the workplace,
constitutes a hazard
to any person.
(3) The authorised
person may direct the visitor —
(a) to
immediately cease engaging in the conduct concerned; or
(b) to
immediately leave the workplace and not to return as a visitor to the
workplace until permitted by the authorised person to do so.
(4) A person who,
without reasonable excuse, fails to comply with a direction given to the
person under subsection (3) commits an offence.
[Section 57A inserted by No. 51 of 2004
s. 113.]