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(e)  whether a right of entry permit issued to the nominated official has been revoked, suspended or made subject to conditions.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health and safety purposes the nominated official had under an industrial law or a work health and safety law has ever been revoked, suspended or had conditions imposed on it.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