Introduction

Part 7 of the WHS Act 2011 (the WHS Act) sets out the rights and obligations of WHS entry permit holders (permit holders).

By way of background, a permit holder may enter a workplace to either:

• inquire into a suspected contravention of WHS laws, or
• consult and advise workers.

Recently, three new rights of entry were added to the current list.

These changes relate to how a permit holder may inquire into a suspected contravention. 

This article outlines what:

• the current rights and safeguards are, and 
• the recently added new rights are.

The current rights

Currently, under WHS laws a permit holder is allowed to:

• Inspect any:
  • work system,
  • plant,
  • substance, 
  • structure or other thing,

relevant to the suspected contravention.

• Consult with the relevant: 
  • Worker in relation to the suspected contravention.
  • PCBU about the suspected contravention.
• Require the relevant PCBU to allow the permit holder to inspect and make copies of any document that is directly relevant to the suspected contravention and that is: 
  • kept at the workplace, or
  • accessible from a computer that is kept at the workplace.
• Warn any person whom the permit holder reasonably believes to be exposed to a serious risk to his or her health or safety emanating from an immediate or imminent exposure to a hazard of that risk.

The current safeguards relating to inspecting and copying documents

The WHS Act also contains two safeguards in relation to the rights to inspect and copy documents, one is for the PCBU and the other is for the permit holder.

The safeguard for the PCBU is that the PCBU is not required to allow the permit holder to inspect or make copies of a document if it would contravene a law of the Commonwealth or a State.

The safeguard for the permit holder is that the PCBU must not, without reasonable excuse, refuse or fail to comply with the requirement that the PCBU allow the permit holder to inspect or make copies of those documents.

The recently added new rights 

As of 13 October 2025, a permit holder is now also allowed to:

• take measurements or conduct tests directly relevant to the suspected contravention,
• take photos and videos directly relevant to the suspected contravention, and 
• exercise any of its rights in relation to another contravention of the WHS Act relating to or affecting a relevant worker that the permit holder comes to reasonably suspect while at the workplace.

Other changes that are coming 

The digital work systems laws which are yet to commence will include additional rights of entry for permit holders.

For more information about these new laws, please read our article New Digital Work Systems Laws.