Under the Work Health and Safety Act 2011 (the WHS Act) a permit holder must be:
And must:
Under the Act a permit holder must be:
The Delegate of the Commission must be satisfied that the proposed permit holder is a 'fit and proper person' before a Fair Work entry permit can be issued. Section 513 of the Act details criteria for assessing whether a proposed permit holder is a 'fit and proper person' to hold a permit.
Section 513 includes discretionary considerations such as:
For full details please see s.513 of the Act.
Note: The member of the Committee of Management making the declaration when an application for an entry permit is made has an obligation to make 'proper inquiries' into the matters included in the declaration.
For more information about inquiries that the member of the Committee of Management should make, please go to Apply for a Fair Work entry permit.
For more information about appropriate training for a Fair Work entry permit, please go to Right of entry training.
A relevant penalty or conviction will not automatically disqualify the proposed permit holder from being issued with a Fair Work entry permit, however further submissions from the union and the proposed permit holder will be required. These submissions will need to address the question of whether the proposed permit holder is a fit and proper person to hold the entry permit, having regard to the objects of the Act.
The facts in relation to relevant penalties or convictions must be disclosed in both of the declarations that are part of the application for a Fair Work permit.
If a Fair Work entry permit has been cancelled or suspended, there will likely be an associated ‘ban period’ during which a new entry permit cannot be issued. For full details see s.510 of the Act.
Cancellation or suspension of a previous permit will not automatically disqualify the proposed permit holder from being issued a Fair Work entry permit after the 'ban period' has expired. Also the imposition of conditions on an entry permit will not automatically disqualify the proposed permit holder from being issued a Fair Work entry permit.
However further submissions from the union and the proposed permit holder will be required. These submissions will need to address the question of whether the proposed permit holder is a fit and proper person to hold the entry permit, having regard to the objects of the Act.
The facts in relation to the cancellation, suspension or conditions imposed must be disclosed in both of the declarations that are part of the application for a Fair Work permit.
Section 514 provides that Fair Work entry permits cannot be issued to officials who are disqualified or suspended from exercising right of entry under industrial or occupational health and safety laws. This is not at the discretion of the Delegate. In these circumstances a permit cannot be issued.
For full details please see s.514 of the Act.