WHS Entry Permit Holders

Right of entry

This is a summary of the requirements for entry to a workplace by an entry permit holder (EPH) where they suspect a contravention of the Work Health and Safety Act 2012 or the Work Health and Safety Regulations 2012.

Full details of WHS entry permit requirements and entry by an EPH can be found in the Guidance Note Workplace right of entry by Work Health and Safety Entry Permit Holders (pdf, 195.2 KB) GN053.

Notice requirement

Where an EPH suspects there is a contravention of the legislation, they may enter without prior notice (other forms of entry require between 24 hours and 14 days written notice). However, as soon as is reasonably practicable after entering the workplace, the EPH must provide written notice of entry to the relevant person conducting a business or undertaking (PCBU) and person with management or control of the workplace.

The only exceptions to this requirement are where this would:

  • defeat the purpose of entry to the workplace (for example, the activity concerned will cease if the EPH stops to give notice after entry)
  • unreasonably delay the EPH in an urgent case (for example, may relate to working at height without fall protection or demolishing asbestos containing material without breathing apparatus).

How much information is required on the contravention?

An EPH must provide sufficient information about the suspected contravention in order to enable the PCBU or an inspector to be able to determine the scope of the inquiry, including general locations (for example, suspected contravention in the provision of safe plant within production areas of the workplace).

An EPH is not required to provide such specific detail that individual workers may be identified (for example, lack of machine guarding on production line one stamping machines).

Is the EPH able to access other areas of the workplace not relevant to the suspected contravention?

No. Entry is confined to only those areas of the workplace relevant to the suspected contravention.

After an EPH inquires into a suspected contravention, what action may they take?

The EPH’s role is to inquire into a suspected contravention with the relevant workers and relevant PCBU, and provide suggestions on what could be done to resolve identified concerns. They do not have power to direct what needs to be done to remedy the contravention.

If the EPH and the PCBU cannot agree on what action needs to be taken, then WorkSafe Tasmania can be contacted to help with the matter in dispute.

Gaining entry

Before gaining entry to the workplace, the EPH must produce their WHS entry permit with photographic identification and their Fair Work Right of Entry Permit.

If the EPH fails, refuses or is unable to produce this identification, then entry to the workplace is to be refused.

For the EPH to inquire into a suspected WHS contravention the EPH must also produce a notice of entry in accordance with section 117 of the Work Health and Safety Act 2012 as soon as is reasonably practicable under section 119.

Complete the WHS entry permit application form (docx, 79.8 KB) when a union is applying for a WHS entry permit for one of its union officials.

Current entry permit holders

The list below contains the names of people who currently hold a WHS entry permit (listed alphabetically by surname) and the expiry date of their permits.

Australian Education Union

  • Samantha Batchelor 13/08/2021*
  • Harriet Binet 17/08/2021*
  • Matthew Brown 4/8/2019*
  • Adam Clifford 22/07/2022*
  • Terri Coombes 28/09/2020*
  • Nick Donnelly 17/08/2021*
  • Gerard Enniss 22/07/2022*
  • Molly Frankham 17/08/2021*
  • Jackie King 6/10/2019*
  • Kathryn Lee 6/10/2019*
  • Roz Madsen 15/11/2019*
  • Natalie Marzella 13/08/2021*
  • Helen Richardson 4/8/2022*
  • Kirsten Siejka 05/09/2021*
  • Russell Townsend 4/8/2019*

Australian Manufacturing Workers Union

  • Jacob Batt 17/11/2019
  • Gregory Lee 17/11/2019
  • John Short 31/10/2019
  • Michael Wickham 17/11/2019

Australian Municipal, Administrative, Clerical & Services Union

  • Aaron De La Torre 24/08/2019
  • Karen Tantari 24/08/2019

Australian Nursing & Midwifery Federation

  • Norman Blackburn 20/10/2020
  • Mandy Clark 25/08/2020
  • Phoebe Mansell 25/08/2020
  • Shane Rickerby 17/08/2021

Australian Services Union

  • Stephanie Jablonski 3/4/2020
  • Aaron De La Torre 8/8/2022
  • Russell McGregor 21/07/2019
  • Michael VanBeek 27/05/2021

Australian Workers Union

  • Anthony Beven 17/05/2021
  • Robert Flanagan 16/11/2019
  • Graham Hogan 02/06/2022
  • Kevin Midson 16/11/2019
  • Ian Wakefield 16/11/2019

Communication, Electrical and Plumbing Union

  • Leaselle Archer 24/09/2021
  • Michael Anderson 31/01/2022
  • Christopher Clark 12/07/2021
  • Trevor Gauld 16/09/2019
  • Christopher Lynch 09/11/2019
  • David Mier 1/05/2020
  • Paul Sutton 12/07/2021

Construction, Forestry, Mining, Maritime & Energy Union

  • Gerard Ayers 25/08/2020
  • Stephen Barrett 3/07/2021
  • Peter Booth 19/04/2021
  • Peter Clark 25/08/2020
  • Nigel Davies 19/04/2021
  • Fergal Doyle 1/05/2021
  • Kevin Harkins 6/09/2019
  • Richard Hassett 27/02/2022*
  • Scott McLean 16/07/2021
  • Gerald McCrudden 19/04/2021
  • Nathan Milner 19/07/2021
  • Daniel Murphy 19/07/2021
  • James Simpson 19/04/2021
  • John Thomson 19/04/2021
  • Anthony Thornton 1/05/2021
  • Mark Travers 19/04/2021
  • Nikolaos Vamvas 19/04/2021

Health and Community Services Union

  • Vivek Foot 25/08/2020
  • Timothy Jacobson 29/07/2020
  • Christopher Kennedy 21/05/2020
  • Tammy Munro 30/05/2020
  • Richard Parkinson 26/05/2020
  • Kristen Swain 25/08/2020
  • Sharon Swards 18/08/2019
  • Mathew Woolley 29/07/2020
  • Simon Wright 25/08/2020

Independent Education Union

  • Jeremy Oliver 21/07/2022
  • Dino Ottavi 15/07/2022

National Tertiary Education Industry Union

  • Emma Gill 11/07/2021

National Union of Workers

  • Jillian Batt 7/8/2022

Police Association of Tasmania

  • Patrick Allen 20/2/2020*
  • Mark Kadziolka 20/3/2020*
  • Angela Smith 27/2/2020*

United Voice

  • Amy Brumby 08/12/2019
  • Kirsty Burke 24/03/2020
  • Sarah Ellis 08/12/2019
  • Rebecca Flanagan 14/03/2020
  • Stephen McCallum 3/04/2020
  • Rhiannon Salter 08/12/2019

* In exercising right of entry to workplace as a WHS entry permit holder the permit holder must observe the provisions of section 77 of the Industrial Relations Act and conditions set out in Regulation 18 of the Industrial Relations Regulations.

Page updated 08 Aug 2019