Victorian Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 (NO 107 OF 2004) - SECT 87

    (1)     This section applies if an authorised representative of a registered employee organisation reasonably suspects that a contravention of this Act or the regulations has occurred or is occurring at a place that is a workplace and any of the following paragraphs applies—

        (a)     the suspected contravention relates to or affects work that is being carried out by one or more members of the registered employee organisation or relates to or affects any of those members;

        (b)     the suspected contravention relates to or affects work that is being carried out by one or more persons whose employment is subject to a certified agreement, or relates to or affects any of those persons, and the registered employee organisation is bound by that certified agreement;

        (c)     the suspected contravention relates to or affects work that is being carried out by one or more persons—

              (i)     who are eligible to be members of the registered employee organisation; and

              (ii)     whose employment is not subject to a certified agreement by which any registered employee organisation is bound—

or relates to or affects any of those persons.

    Note:     "Place" is defined in section 5 as including a car, truck, ship, boat, airplane and any other vehicle.

    (2)     The authorised representative may enter the place, during working hours, for the purpose only of enquiring into the suspected contravention.

    (3)     Nothing in this section requires an authorised representative of a registered employee organisation to disclose to another person the names of persons who are members of that organisation.

    (4)     In this section, "certified agreement" has the same meaning as in the Workplace Relations Act 1996 of the Commonwealth.

    Note:     Section 90 provides certain limitations on the exercise of the powers conferred by this section.