Victorian public sector Right of entry is not the same as permission to represent someone

A worker’s wish to have support does not automatically give every representative a right to enter the workplace. Victoria’s public sector Right of Entry policy concerns lawful access by registered employee organisations and appropriately authorised permit holders.

The policy distinguishes entry under the Fair Work Act from entry to investigate suspected breaches under Victorian occupational health and safety legislation. The relevant legal purpose, authority and requirements must be established. Public sector employers are expected to cooperate with lawful access while normal operations are respected. Read the official Right of Entry policy.

Why the distinction matters in corrections

A prison is not an ordinary meeting venue. Before arranging attendance, establish the representative’s role, the basis for access and the process for coordinating the visit. Do not assume that membership of an advocacy service, a worker’s invitation or a request for a support person creates statutory union entry powers.

Equally, a request for representation in a disciplinary meeting should be considered under the applicable agreement and meeting procedures, rather than confused with a general workplace-entry claim.

Keep the written invitation, proposed purpose and any access response. If entry is disputed, seek clarification of the specific requirement rather than attempting unapproved attendance.

This is general information, not legal advice. We do not claim statutory powers held by registered unions or authorised permit holders.

*Source checked 13 November 2026; chapter updated 18 February 2026 within the current PSIR collection.*