The role of a Comcare Investigator/Inspector
Further Information
Inspector roles under the WHS Act
From 1 January 2012, Comcare investigators are appointed as Comcare inspectors. Under the WHS laws, inspectors have a wider range of powers and functions including issues resolution, inspections, education and enforcement
This changes some of the roles and functions that investigators previously operated under to include a broader and more prevention focused approach to health and safety.
Some of the key changes are:
- The WHS Act specifically provides for inspectors to have a wider range of functions.
- Under the WHS Act, it is part of the function of an inspector to provide information and advice.
- The WHS Act requires that health and safety issues be resolved at the workplace through an agreed procedure (if none) , the default procedure prescribed in the model regulations. If an issue cannot be resolved after reasonable efforts have been taken, the issue can be referred to the regulator to arrange for an inspector to attend the workplace to assist.
- A HSR or person conducting the business or undertaking may ask the regulator to arrange for an inspector to attend the workplace to assist in resolving an issue in relation to the cessation of work.
- Under the WHS Act, an inspector may enter a workplace at any time.
- An inspector may enter any place if the entry is authorised by search warrant.
- The WHS Act empowers an inspector, upon entry to a workplace, to require any person at the place to answer any questions and require any person who has custody or access to a document, to produce that document.
- Under the WHS Act, an inspector may apply for a search warrant.
- Under the WHS Act, there are a broader range of criminal offences concerning the exercise of powers by an inspector. It is a criminal offence to:
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- hinder or obstruct an inspector
- impersonate or alter an identity card of an inspector
- conceal a person, document or thing from an inspector
- prevent a person from assisting an inspector
- to assault, threaten or intimidate an inspector.
- The WHS Act will provide for infringement notices for minor offences.
- The WHS Act protects the confidentiality of information obtained using any power or function under the WHS Act. There are exceptions to the general prohibition against disclosure including where a person consents to the disclosure, or the disclosure is necessary for the administration or enforcement of another law or the disclosure is required for the exercise of a power or function under a corresponding WHS law.