WHS right of entry checker

Check what notice a union official must give before entering your workplace for safety reasons, what they can do once inside, and how it differs from Fair Work Act entry.

Figures checked 5 November 2026. Free to use, no sign-in.

Victoria and Western Australia have their own Acts; the tool switches to them.

Ask the official, or check the notice they gave you.

Have they shown you their WHS entry permit and photo ID?
Are they also raising pay or employment conditions (Fair Work Act entry)?

Your answer

Notice they must give you

No advance notice: they must tell you as soon as reasonably practicable after entering

The permit holder doesn’t have to warn you in advance. After entering they must, as soon as is reasonably practicable, give notice of the entry and the suspected contravention to you and to the person with management or control of the workplace, unless that would defeat the purpose of the entry or unreasonably delay them in an urgent case (s 119).

When they can enter

They must reasonably suspect, before entering, that a contravention of the Work Health and Safety Act 2011 (NSW) has occurred or is occurring, and it must relate to or affect a worker who is, or could be, a member of their union and whose interests it can represent (s 117).

What they can do

  • Inspect any work system, plant, substance, structure or other thing relevant to the suspected contravention.
  • Consult the relevant workers, and you, about the suspected contravention.
  • Require you to let them inspect and copy documents directly relevant to it that are kept at the workplace or accessible from a computer there, unless that would break another law (s 118).
  • Warn anyone they reasonably believe is exposed to a serious risk from an immediate or imminent hazard.

Limits on the official

  • Usual working hours only (s 126), and only the areas where the relevant workers work or that directly affect their health or safety (s 127).
  • They must have their WHS entry permit and photo ID available on request (s 125), and must also hold a Fair Work or state industrial entry permit (s 124).
  • They must follow your reasonable safety requirements for the site, such as inductions and PPE (s 128), and can’t enter residential areas (s 129).
  • They don’t have to tell you which workers raised the issue (s 130), and must not unreasonably delay, hinder or obstruct anyone or disrupt work (s 146).

What to check

  • Ask to see their WHS entry permit and photo ID (s 125). They must also hold a Fair Work or state industrial entry permit (s 124).
  • Note the time they arrived, the permit details, the reason given and who they spoke to, and keep any notice they give you.
  • Don’t treat the entry as unlawful just because something is missing: ask about it calmly, and call the regulator if you can’t resolve it on site.

Your obligations

  • Don’t refuse or unreasonably delay entry, or intentionally and unreasonably hinder or obstruct a permit holder who is entitled to enter (ss 144–145).
  • If there is a dispute about the entry, any party can ask the regulator to send an inspector to help resolve it (s 141), and the authorising authority can deal with it (s 142).

Fair Work Act entry is separate

  • Entry under the Fair Work Act (to investigate a suspected breach of the Act or an award or agreement, or to hold discussions) is a separate right with its own permit from the Fair Work Commission.
  • A Fair Work entry notice must be given during working hours at least 24 hours, but not more than 14 days, before entry, unless the Commission has issued an exemption certificate (s 487).

Source: Part 7 of the Work Health and Safety Act 2011 (NSW), ss 117–119 and 124–130.

  • NSW, SA, Tasmania, the ACT, the NT and the Comcare scheme use the model WHS Act rules.

General information, not legal advice.

How this works

The answer follows the law for your jurisdiction: Part 7 of the WHS Act in NSW, SA, Tasmania, the ACT, the NT and the Comcare scheme; Queensland’s amended s 119, which requires advance notice; the Industrial Relations Act 1979 (WA) ss 49H–49M in Western Australia; and Part 8 of Victoria’s OHS Act 2004.

Fair Work Act right of entry (Part 3-4) is shown separately, because many officials hold both permits and the rules differ.

Not covered: entry by WHS inspectors, people assisting a health and safety representative, and conditions on an individual official’s permit.

Legal basis

Checked against these sources on 5 November 2026. Spotted a figure that looks wrong? Tell us.

Questions

Can a union official enter without notice to investigate a safety issue?

In NSW, SA, Tasmania, the ACT, the NT and the Comcare scheme, yes: a WHS entry permit holder who reasonably suspects a contravention can enter without advance notice and must notify the business as soon as reasonably practicable after entering. Queensland requires 24 hours’ to 14 days’ notice unless a worker faces a serious, imminent risk. WA and Victoria have their own rules.

How much notice is needed to consult and advise workers?

Under the model WHS Act, at least 24 hours and no more than 14 days, given during usual working hours. In WA, 24 hours’ written notice under the Industrial Relations Act 1979 unless an award or agreement says otherwise. Victoria’s OHS Act has no separate consult-and-advise entry.

Is WHS right of entry the same as Fair Work right of entry?

No. Fair Work Act entry covers suspected breaches of pay and conditions and discussions with employees. It always needs an entry notice 24 hours to 14 days ahead unless the Fair Work Commission has issued an exemption certificate, and discussions can only happen in meal times or other breaks.

What if I think the official isn’t entitled to be there?

Ask which right they are relying on and to see their permit, note what they say, and contact the WHS regulator, which can send an inspector to help resolve a dispute. Refusing or obstructing an official who is entitled to enter is an offence or a civil penalty breach in every jurisdiction.

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Questions the calculator can’t answer?

Workfloor answers pay, award, leave and termination questions for your team, with the Fair Work Act section or award clause behind each answer.

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