(1) A
person conducting a business or undertaking must ensure that health monitoring
reports in relation to a worker carrying out work for the business or
undertaking are kept as a confidential record—
(a)
identified as a record in relation to the worker; and
(b) for
at least 30 years after the record is made.
Maximum penalty:
(a) In
the case of an individual—$1 250.
(b) In
the case of a body corporate—$6 000.
Expiation fee:
(a) In
the case of an individual—$144.
(b) In
the case of a body corporate—$720.
(2) The person must
ensure that the health monitoring report and results of a worker are not
disclosed to another person without the worker's written consent.
Maximum penalty:
(a) In
the case of an individual—$1 250.
(b) In
the case of a body corporate—$6 000.
Expiation fee:
(a) In
the case of an individual—$144.
(b) In
the case of a body corporate—$720.
(3)
Subregulation (2) does not apply if the record is disclosed under
regulation 412, 413 or 414 or to a person who must keep the record
confidential under a duty of professional confidentiality.