Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 71

71 Exceptions from obligations under s 70(1)

(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—

Maximum penalty—100 penalty units.

(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 mentioned 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.

(7) The person conducting a business or undertaking may refuse to grant access to the information mentioned in section 70 (1) (c) if the information is confidential commercial information.

(8) Subsection (9) applies if a dispute arises between the person conducting a business or undertaking and a health and safety representative about—

(a) the refusal under subsection (7) to grant access to information mentioned in section 70 (1) (c) ; or

(b) whether or not information to which access is refused is information to which section 70 (1) (c) applies; or

(c) the refusal to give a copy of a notice or information mentioned in section 70 (1) (cb) or (cc) .

(9) The health and safety representative may ask the regulator to appoint an inspector to assist in resolving the dispute.

Note—

The issue resolution procedures in division 5 and the dispute resolution process in division 7A can also be used to resolve a dispute about the refusal of access to a workplace under subsection (5) or a dispute about a matter mentioned in subsection (8) (a) , (b) or (c) .