Introduction
A permit holder must return their expired, cancelled or suspended permit on time. The late return of a permit may affect future applications for an entry permit.
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To check when a permit must be returned, see our When to return an entry permit webpage.
What to do if a permit holder has returned their permit late
It is the legal responsibility of the permit holder to return their expired, cancelled or suspended permit on time.
An entry permit expires at the end of 3 years from the day the permit was issued, or when the permit holder is no longer an employee or officer of the union that applied for the permit.
The late return of a Fair Work entry permit is a civil remedy provision. The late return of a WHS entry permit is a civil penalty provision.
If the entry permit is returned late, the permit holder is required to provide a statutory declaration giving reasons for the late return, including the steps they took to return it, when those steps occurred and any other relevant facts or circumstances.
If a union applies for a new entry permit for a permit holder who has returned their permit late, the application for the new entry permit will not progress until we receive a statutory declaration about the late return of the permit.
We decide whether the proposed permit holder is a fit and proper person to hold another entry permit and a relevant matter we consider is if they have returned an entry permit late.
Template statutory declaration for the late return of an entry permit
Download the template for a statutory declaration for the late return of an entry permit.
The statutory declaration must be made by the permit holder, witnessed by a person who is listed as an approved witness. The template provides a list of approved witnesses.