Health and Safety in Employment Act 1992

31 Powers of entry and inspection

• (1) For the purpose of performing any function as an inspector, any inspector may at any reasonable time enter any place of work and—

  • (a) conduct examinations, tests, inquiries, and inspections, or direct the employer or any other person who or that controls the place of work, to conduct examinations, tests, inquiries, or inspections:

  • (b) be accompanied and assisted by any other people and bring into the place of work any equipment necessary to carry out the inspector's functions:

  • (c) take photographs and measurements and make sketches and recordings:

  • (d) require the employer, or any other person who or that controls the place of work, to ensure that the place of work or any place or thing in the place of work specified by the inspector is not disturbed for a reasonable period pending any examination, test, inquiry, or inspection:

  • (e) require the employer, or any other person who or that controls the place of work, to produce documents or information relating to the place of work or the employees who work there and permit the inspector to examine and make copies or extracts of the documents and information:

  • (f) require the employer, or any other person who or that controls the place of work, to make or provide statements, in any form and manner the inspector specifies, about conditions, material, or equipment that affect the safety or health of employees who work there.

  (1A) An inspector may do any of the things referred to in subsection (1), whether or not—

  • (a) the inspector or the person whom the inspector is dealing with is in the place of work; or

  • (b) the place of work is still a place of work; or

  • (c) the employer's employees work in the place of work; or

  • (d) the person who was in control of the place of work is still in control of it; or

  • (e) the employer's employees are still employed by the employer; or

  • (f) in respect of a document or information, the document or information is—

    • (i) in the place of work; or

    • (ii) in the place where the inspector is; or

    • (iii) in another place.

  (2) Notwithstanding subsection (1) or subsection (1A), an inspector shall not enter a place of work—

  • (a) that is, or is within, a home; or

  • (b) through a home,—

  except with the consent of an occupier or pursuant to a warrant issued under subsection (3).

  (3) A District Court Judge who, on application made on oath, is satisfied that there is reasonable ground for believing that a home—

  • (a) is a place of work or has a place of work inside it; or

  • (b) is the only practicable means through which a place of work may be entered,—

  may issue to an inspector named in it a warrant to enter any part of the home that is, or is the only practicable means through which the inspector may enter, the place of work.

  (4) Notwithstanding subsection (1), an inspector shall not enter a defence area (within the meaning of section 2(1) of the Defence Act 1990) except in accordance with a written agreement between the Secretary and the Chief of Defence Force entered into for the purposes of this section and for the time being in force.

  (5) Notwithstanding subsection (1)(e), if all or any part of a document, or of any information, relates to any person's health status and identifies the person, no inspector shall, without the person's consent,—

  • (a) require any person to produce; or

  • (b) examine; or

  • (c) make any copy or extract from,—

  the document or information (or that part of the document or information).

  (6) No person is required on examination or inquiry under this section to give any answer or information tending to incriminate the person.

  Section 31(1A): inserted, on 5 May 2003, by section 19(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

  Section 31(2): amended, on 5 May 2003, by section 19(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).