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Occupational Health and Safety - Applications for Entry Permits

Procedure relating to applications of entry permits under sections 83 and 85 of the Occupational Health and Safety Act 2004

Background

On the 1st July 2005, the Magistrates' Court (Occupational Health and Safety) Rules 2005 come into operation. (SR 59/2005)

These Rules provides for individuals who have satisfied the criteria under Section 81 of the Occupational Health and Safety Act 2004 to make an application to a Magistrates' Court for an Entry Permit (pursuant to Section 83). This Rule also provides for applications to a Magistrates' Court for Revocation & Cancellation of Entry Permits (pursuant to Section 85).

In essence the legislation provides for the Magistrates' Court to determine whether or not an individual is suitable to be allowed access to a workplace as an Occupational Health & Safety representative after satisfying the criteria as set out in Section 81 of the Act.

Directions for hearing Applications and Venue

Applications for an Entry Permit will be heard and determined in chambers on the material outlined in the application & affidavit filed. If there are any concerns with an application the matter may be adjourned to OPEN Court for a Magistrate to hear oral evidence from the applicant or any other party deemed necessary.

Application for Entry Permit should be listed as soon as practicable for determination in chambers.

Applications to Revoke & Cancel an Entry Permit MUST be listed before a Magistrate in OPEN COURT, and be listed no later than 28 days after filing

Applications can be filed with the Court closest to the residential address of the applicant OR the address of organisation (Workplace)