A code covered entity must:

  • Comply with right of entry laws
  • Not refuse rightful entry
  • Comply with Code requirements
    • The Code contains requirements on code covered entities to take reasonably practicable steps when officials seek to exercise right of entry powers.   

Code covered entities must comply with all laws of the Cth and each State and Territory that give a right of entry permit holder a right to entry premises where building work is performed.  

A code covered entity must, so far as is reasonably practicable, ensure that:

  • entry by an officer of a building association to premises where building work is performed must be for a purpose for which a right of entry could be exercised under the Fair Work Act or a relevant work health and safety law 
    • Example - a contractor could permit entry for purposes of holding discussions with workers where the permit holder provides the requisite notice and complies with all the requirements of the Fair Work Act.  However, inviting an official of a building association to enter a site other than as could be permitted by the right of entry requirements would breach the Code).
  • when an officer of a building association seeks to enter premises, the officer must strictly comply with all applicable legislative requirements in the Fair Work Act or a work health safety law, including permit and notice requirements. 
  • See the ABCC App for detailed ROE information.