Commonwealth Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 71

             (1)  This section applies despite section 70(1).

             (2)  The person conducting a business or undertaking must not allow a health and safety representative to have access to any personal or medical information concerning a worker without the worker's consent unless the information is in a form that:

                     (a)  does not identify the worker; and

                     (b)  could not reasonably be expected to lead to the identification of the worker.

Penalty:

                     (a)  In the case of an individual--$10 000.

                     (b)  In the case of a body corporate--$50 000.

             (3)  The person conducting a business or undertaking is not required to give financial assistance to a health and safety representative for the purpose of the assistance referred to in section 70(1)(g).

             (4)  The person conducting a business or undertaking is not required to allow a person assisting a health and safety representative for a work group to have access to the workplace:

                     (a)  if the assistant has had his or her WHS entry permit revoked; or

                     (b)  during any period that the assistant's WHS entry permit is suspended or the assistant is disqualified from holding a WHS entry permit.

             (5)  The person conducting a business or undertaking may refuse on reasonable grounds to grant access to the workplace to a person assisting a health and safety representative for a work group.

             (6)  If access is refused to a person assisting a health and safety representative under subsection (5), the health and safety representative may ask the regulator to appoint an inspector to assist in resolving the matter.