Right of Entry

An employee or officer of a registered industrial organisation may apply for a Right of Entry Permit (ROE Permit) to:

• investigate a suspected breach of legislation or an industrial instrument;
• enter a premises after giving notice;
• inspect records; or
• hold employment-related discussions in a workplace at lunchtime or non-working time.

Work, Health & Safety Permit

A union official can apply for a Work, Health and Safety Act Permit (WHS Permit) to enter a workplace during working hours if they reasonably suspect a contravention of the Work Health Safety Act 2011 (NSW) (WHS Act) has occurred or is occurring. 

The WHS Permit holder can:

• inspect any work system, plant, substance, structure or other thing relevant to the suspected contravention;
• consult with or advise relevant workers or person conducting the business;
• make copies of any document physically available or accessible from a computer in the workplace directly relevant to the suspected contravention; or
• warn a person they reasonably believe is or has been exposed to a health or safety risk.

How to apply for a ROE or WHS Permit?

The applicant must follow the process outlined in the Work Health and Safety Act Permits and Right of Entry Permits Policy and file an online application.  

What can the Commission do?

The Industrial Registrar will consider an application in accordance with the Work Health and Safety Act Permits and Right of Entry Permits Policy and decide whether to grant the ROE and/or WHS Permit; impose special conditions on a permit holder; or reject the application. In some instances, the Registrar may require further information to be provided before granting a permit.

When to show the ROE or WHS Permit?

The authorised person may need to show the permit when attending a workplace, or if they ask a person to produce something or answer questions for an investigation. Permit holders must be aware of their obligations before exercising the functions granted by virtue of the permit. 

Can the ROE or WHS Permit be revoked or suspended?

The Industrial Registrar may revoke or suspend a ROE or WHS Permit if the permit holder:

• no longer satisfies the eligibility criteria for the permit under the IR Act;
• has contravened any condition of the permit;
• has acted in an improper manner while using the permit in a workplace; or
• has intentionally hindered or obstructed a person while using the permit.

The regulator, business or person subject to investigation, or any other person whose rights are affected because of a permit can apply for revocation. The Commission will ask the permit holder to show cause and, if the allegations are substantiated, the permit must be returned to the Industrial Registrar within 14 days.

Under section 194 of the IR Act, an affected party (including the relevant industrial organisation) can appeal the Industrial Registrar’s decision to grant, amend, refuse or cancel an ROE or WHS permit.

When does a permit expire?

A permit expires when the first of the following occurs:

• the prescribed term has ended;
• the authorised person has held the permit for three-years;
• the permit holder has ceased to be an official of the union or registered industrial organisation; or
• an industrial organisation has ceased to be registered under the Industrial Relations Act 1996 (NSW) (IR Act) or their registration has been revoked.

Another application must be submitted online if a permit expires and is still needed. 

I have lost my permit

A new application must be submitted online, including a statutory declaration that confirms and addresses the loss or destruction of the original.  Statutory declaration templates are available online.