South Australian Numbered Acts

WORKERS REHABILITATION AND COMPENSATION (SCHEME REVIEW) AMENDMENT ACT 2008 (NO 17 OF 2008) - SECT 77

77—Insertion of section 112AA

After section 112 insert:

112AA—Confidentiality—employers

        (1)         An employer who is registered under this Act, or a person employed by an employer who is registered under this Act, must not disclose information about the physical or mental condition of a worker unless the disclosure is—

            (a)         reasonably required for, or in connection with, the carrying out of the proper conduct of the business of the employer; or

            (b)         required in connection with the operation of this Act; or

            (c)         made with the consent of the person to whom the information relates, or who furnished the information; or

            (d)         required by a court or tribunal constituted by law, or before a review authority; or

            (e)         authorised or required under any other Act or law; or

            (f)         made—

                  (i)         to the Corporation; or

                  (ii)         to the worker's employer; or

            (g)         made under the authorisation of the Minister; or

            (h)         authorised by regulation.

Maximum penalty: $5 000.

        (2)         A regulation made for the purposes of subsection (1)(h) cannot take effect unless it has been laid before both Houses of Parliament and—

            (a)         no motion for disallowance is moved within the time for such a motion; or

            (b)         every motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed.