Inspectors from the Office of the Australian Building and Construction Commissioner (ABCC inspectors) have the power to enter premises for the purpose of investigating possible breaches of the law, conduct interviews and inspect documents. It is an offence to impede them.
Entry to premises
The purpose
An ABCC inspector may enter premises to investigate compliance by a building industry participant with:
- the Building and Construction Industry Improvement Act 2005 (BCII Act), the Workplace Relations Act 1996 (WR Act), the Independent Contractors Act 2006 (IC Act), an award or transitional award, a collective agreement or pre-WorkChoices certified agreement, an order of the Australian Industrial Relations Commission (AIRC) or the Australian Fair Pay and Conditions Standard.
- a court order relating to the BCII Act, the WR Act, the IC Act, an award or transitional award, a collective agreement or pre-WorkChoices certified agreement, an order of the AIRC or the Australian Fair Pay and Conditions Standard.
ABCC inspectors also have a contractual right of entry for projects covered by the National Code of Practice. See the ABCC’s National Code of Practice fact sheets for more information.
When can ABCC inspectors enter?
An ABCC inspector may enter premises during ordinary working hours or, if necessary, at any other time.
What does an ABCC inspector have to do when entering premises?
An ABCC inspector must inform the occupier they are authorised to enter the premises and show their identity card.
What sort of premises can ABCC inspectors enter?
An ABCC inspector may enter any premises where the ABCC inspector believes:
- building work covered by an award or transitional award, a collective agreement or pre-WorkChoices certified agreement, an order of the AIRC or the Australian Fair Pay and Conditions Standard, is being, or has been, carried out
- a breach of the BCII Act, the WR Act, the IC Act, an award or transitional award, a collective agreement or pre-WorkChoices certified agreement, an order of the AIRC, or the Australian Fair Pay and Conditions Standard, by a building industry participant has occurred, is occurring, or is likely to occur
- there are documents relevant to any matter the ABCC inspector is empowered to investigate.
An ABCC inspector may enter business premises where the inspector believes there is a person working with information relevant to a matter that the inspector is empowered to investigate.
An ABCC inspector cannot enter a part of premises that is used for residential purposes.
What can an ABCC inspector do on the premises?
An ABCC inspector may:
- interview any person on the premises
- request a person to produce a document
- inspect and make copies of any documents
- inspect any work, material, machinery, appliance, article, or facility
- take samples of any goods or substances.
Do I have to accompany an ABCC inspector when they are on the premises?
You are allowed to accompany an ABCC inspector while the inspector is on your premises. There is, however, no legal requirement to do so.
Production of documents
When and where do I have to produce documents?
You must produce documents that are at the premises or at a time specified by the ABCC inspector.
If you ignore the request, an ABCC inspector can serve you by written notice to produce the documents to him or her at a specified time and place.
What can an ABCC inspector do with the documents?
An ABCC inspector can inspect and make copies of documents produced.
An ABCC inspector can retain the documents and keep them for as long as is necessary for their inquiries. You are entitled to inspect and make copies of your documents while they are being kept by the ABCC inspector. The ABCC inspector will give you a receipt if the documents are required to be kept.
Offences
What happens if I don’t do what an ABCC inspector requires?
You may be committing one of the following offences, which carry serious penalties:
- Refusing or unduly delaying entry to the premises by an ABCC inspector.
Maximum penalty of up to $110,000.
- Obstructing, hindering, intimidating or resisting an ABCC inspector.
Maximum penalty of up to $13,200 and/or imprisonment for 2 years.
- Knowingly misleading an ABCC inspector or providing false information, including false or misleading documents.
Maximum penalty of up to $6,600 and/or imprisonment for 12 months.
In addition to these offences, it is unlawful industrial action if a work stoppage occurs in protest to the presence of ABCC inspectors on site.
For more information, refer to the fact sheet Unlawful Industrial Action in the Building and Construction Industry.
You can download a printable version of this fact sheet here: Powers of Australian Building and Construction Commission Inspectors (PDF - 157KB)
The information contained in this fact sheet is correct as at 26 February 2008.
This material is for general information only. You should seek legal advice in relation to your particular circumstances. The Australian Government, its employees and agents do not accept any liability for action taken in reliance on this document and disclaim all liability arising from any error or omission. ABN 68 003 725 098
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