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Right of Entry

Overview

A right of entry permit allows an authorised representative of an organisation to enter, during work hours, any premises where relevant employees work, for the purposes of investigating any suspected breach of the: 

A secretary of an organisation of employees can apply to the Commission to have a permit issued to an office holder or employee of the organisation. An office holder or employee of an organisation includes an office holder or employee of a federal counterpart of the organisation. An application for a right of entry permit can be made on a Form 16 - Application to Issue a Right of Entry Permit.

Key Terms

  • nominated official means the person that is named by the secretary of the organisation in an application to have a permit issued i.e. the proposed permit holder.
  • authorised representative means a person that has obtained and holds a right of entry permit. They are often referred to as a 'permit holder'.
  • relevant employee for the purposes of exercising powers of right of entry, relevant employee means an employee who is a member of the organisation or eligible to become a member of that organisation. 
  • fit and proper person criteria means the matters that are set out in section 49P(2) of the Industrial Relations Act 1979 (WA).
  • industrial law means any of the following:

Industrial Relations Act 1979 (WA)

Long Service Leave Act 1958 (WA)

Minimum Conditions of Employment Act 1993 (WA)

Fair Work Act 2009 (Cth)

Fair Work (Registered Organisations) 2009 (Cth)

Another law of the Commonwealth, or a law of another State or Territory, prescribed to be an industrial law by regulations made by the Governor. 

  • work health and safety law means the Work Health and Safety Act 2020 (WA) and a law of the Commonwealth, another State or Territory, prescribed to be a work health and safety law by regulations made by the Governor.

There are further relevant definitions provided in section 49G of the Industrial Relations Act 1979 (WA). 

Current Permit Holders

A list of current authorised representatives for each registered organisation can be found here. 

If you need to apply for a right of entry permit, you can do so on a Form 16 - Application to Issue a Right of Entry Permit.

Transitional Arrangements

Following the passage of the Industrial Relations Legislation Amendment Act 2024 (WA) and its commencement on 31 January 2025, a new framework for right of entry permits was introduced.

Unless otherwise revoked, all existing right of entry permits will remain valid for a period of 1 year after the commencement day.

All applications for a permit made on or after 31 January 2025 will need to follow the requirements of section 49N of the Industrial Relations Act 1979 (WA).

There is more information about the changes to right of entry available on the Department of Energy, Mines, Industrial Regulation and Safety website.

Helpful quicklinks

List of Registered Organisations

Section 44 Conferences

Applications and forms

 

Step-by-step guidance on the right of entry application process

Right of Entry Training

Before the Commission will issue a permit, the nominated official must complete appropriate training about the rights and responsibilities of an authorised representative.

To satisfy the Commission that the training has been undertaken, at the time of lodging the Form 16 - Application for a Right of Entry Permit, the secretary must attach a certificate or other document which shows that the nominated official has completed training about Division 2G of the Industrial Relations Act 1979 (WA) and any other applicable law. 

The Commission has approved the following providers to deliver this training:

If an organisation wishes to become an approved training provider, they should contact the Commission's Compliance Team for more information.

Fit and Proper Person Criteria

The Industrial Relations Act 1979 (WA) requires that the Commission consider whether a nominated official is a fit and proper person to hold a right of entry permit. The Commission can only issue a right of entry permit in circumstances where the Commission is satisfied that the proposed permit holder is a fit and proper person to hold the permit. The criteria for a fit and proper person is prescribed in the legislation.

To satisfy the Commission of these matters, the secretary of the organisation must address each of these items in the Form 16 - Application for a Right of Entry Permit as well as providing some supporting documentation:

(a)  whether the nominated official has received appropriate training about the rights and responsibilities of a permit holder.

(b)  whether the nominated official has ever been convicted of an offence against an industrial law.

(c)   whether the nominated official has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving —

entry onto premises; or

fraud or dishonesty; or

the intentional use of violence against another person; or

the intentional damage or destruction of property.

A conviction is defined in section 49G(1) of the Industrial Relations Act 1979 (WA) and includes a spent conviction. 

(d)  whether the nominated official, or another person, has ever been ordered to pay a penalty under an industrial law in relation to the actions of the nominated official.

(e)  whether a right of entry permit issued to the nominated official has been revoked, suspended or made subject to conditions.

(f)    whether a right of entry for industrial or work health and safety purposes the nominated official had under an industrial law or a work health and safety law has ever been revoked, suspended or had conditions imposed on it.

(g)  whether the nominated official has ever been disqualified under an industrial law or a work health and safety law from exercising, or applying for, a right of entry for industrial or work health and safety purposes under that law.

(h)  Any other matters that the Commission may consider relevant.

The Commission may exercise its discretion to request a National police certificate from the nominated official as part of its assessment of any application for a right of entry permit.

 

Statutory Declarations

Both the secretary and the nominated official are required to provide a statutory declaration as part of the application. The statutory declaration should be in the form prescribed by the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).

  • The secretary must complete a statutory declaration which declares that they have made proper enquiries about the nominated official. The declaration should identify the enquiries that they made and that as a result of those enquiries they believe the nominated official is a fit and proper person to hold an entry permit.
  • The nominated official must complete a statutory declaration which declares that the information contained in the permit application is true and correct and that they have disclosed all relevant matters that may arise under section 49P of the Industrial Relations Act 1979 (WA).

 

Publication of the Nominated Official's Name

Where the Commission considers it necessary (for example, if a matter arises as part of an assessment of the fit and proper person criteria), an application for a permit may result in a notice being published on the notice page of this website.

The purpose of the notice is to inform members of the public that the registered organisation is intending to apply for a permit for the nominated official and that any intention to object or provide submissions in relation to the application must be received by the Registrar by the date identified in the notice.

If a nominated official is issued with a right of entry permit, they will have their name published on the website as an authorised representative of the registered organisation. 

Verified Signature and Photograph of Nominated Official

An application for a right of entry permit must be accompanied by a copy of the nominated official's signature and a photograph of the nominated official. 

The signature and photograph of the nominated official must be certified by the secretary as being a true photograph of the nominated official and a true representation of the nominated official's signature.

It is permissible to upload or email a digital copy of the photograph separately, in addition to including it on a PDF document which contains the signature and certification from the secretary. 

Photograph

The photograph must:

  • be equivalent to a recent passport-sized photograph;
  • show the nominated official's full face (including glasses if normally worn);
  • show the nominated official in front of a plain/light-coloured background;
  • be in colour and sharp focus; and
  • be in digital format less than 5MB in size with a minimum of 406 x 521 pixels.

Signature

The signature must be made in black ink and legible enough to be included on the physical right of entry permit card.

Issuing a permit

If the application for a permit is approved, the Registry will arrange for the permit to be sent by pre-paid post to the address of the organisation. If the authorised representative requires the permit on an urgent basis, they should contact the Registry to make arrangements to collect the permit in person from the Registry. 

When will a permit not be issued

The Commission may refuse to issue a permit if it is not satisfied that the permit holder is a fit and proper person to hold the permit. 

A permit will not be issued to a nominated official if at the time the Commission is determining the application –

  • a right of entry the official had under an industrial law or work health and safety law is suspended under that law; or
  • the official is disqualified under an industrial law or a work health and safety law from exercising, or applying for, a right of entry permit under that law.

Conditions imposed on a permit

A permit can be issued unconditionally, or with certain conditions imposed by the Commission. Conditions can be imposed on a permit even when a permit is suspended.

If it appears that a right of entry permit requires conditions to be imposed upon it, the Commission will contact the registered organisation prior to the application being finalised. 

If the Commission imposes a condition on the permit, it will be recorded on the physical permit card. The permit ceases to have effect until the Commission records the new or changed conditions imposed upon the permit. To facilitate the recording of the condition(s) on the permit, it must be returned to the Commission within 7 days. 

Will there need to be a hearing

If the Commission identifies a matter of concern when reviewing the fit and proper person criteria, or a matter which may give rise to a condition being imposed on a permit, or a matter that would result in a refusal of a permit being issued, it is possible that the Commission will convene a hearing. The registered organisation will be informed of these matters (and duly notified as applicable) as the application progresses. 

Frequently asked questions

A permit expires 3 years after the day on which the permit is issued.

The secretary of an organisation can apply to extend the expiry date of a permit in limited circumstances.

If the secretary of the registered organisation has applied to the Commission for a new permit for an existing authorised representative, and they are concerned that the existing permit will expire prior to the issuance of the replacement permit, then the secretary can apply to have the expiry day of the existing permit extended.

The Commission will only grant an extension of the expiry date in circumstances where the secretary applied for the new permit at least 1 month before the expiry day of the existing permit. The Commission must be satisfied that the current permit is likely to expire before the application for the new permit can be finalised.

The appropriate application form is a Form 16A – Application to Extend the Expiry of a Right of Entry Permit.

If the Commission decides to grant the application to extend the expiry date, the current permit must be returned to the Commission so that the later expiry date can be recorded on the permit.

The failure to return a permit is a contravention of section 49W(1)(d) of the Industrial Relations Act 1979 (WA), which is a civil penalty provision for the purposes of section 83E.

If you are the secretary of an organisation and you are seeking to revoke a right of entry permit because an authorised representative has or will cease to be an officer or employee of the organisation, the secretary can apply to do so on a Form 16B – Application to Revoke a Person’s Right of Entry Permit.

Once the application to revoke the permit has been processed and the organisation has received confirmation from the Commission's Registry that the application has been finalised, the authorised representative must return the permit to the Commission within 7 days.

The failure to return a permit is a contravention of section 49W(1) of the Industrial Relations Act 1979 (WA), which is a civil penalty provision for the purposes of section 83E.

If an individual believes that a person who holds a current right of entry permit has:

  • acted in an improper manner; and/or
  • has intentionally and unduly hindered an employer or employees during their working time; and/or
  • would no longer meet the fit and proper person criteria;

then they can make an application to the Commission about the conduct of the permit holder. The application must set out the grounds on which it is made. The appropriate application form is a Form 16C – Application to the Commission to Suspend, Revoke, Impose or Change Conditions of a Person’s Right of Entry Permit.

If the Commission in Court Session finds it necessary to take action in relation to the authorised representative's permit as a result of the application, then it may:

  • impose a condition on the right of entry permit.
  • change an existing condition on the right of entry permit.
  • suspend the right of entry permit for a specified period.
  • revoke the right of entry permit.

If the Commission in Court Session orders that any of the above things occur, the permit must be returned to the Commission within 7 days. 

If a permit has been suspended, the Commission will arrange to return the permit to the authorised representative following the end of the suspension period, so long as the permit has not expired.

If a condition must be imposed or changed on the permit, the permit ceases to have effect until the Commission records the new or changed conditions on the permit.  

The Commission has jurisdiction to deal with a dispute about an authorised representative's exercise of a power under Subdivision 2 - Right of entry and inspection in the Industrial Relations Act 1979 (WA). If you are in dispute and require the Commission's assistance to resolve these matters then you can file a Form 1B – Application for a Conference – s 44, Industrial Relations Act 1979.