AustLII Tasmanian Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2012 - SECT 271

Confidentiality of information

(1)  This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act (other than under Part 7 ).
(2)  The person must not do any of the following:
(a) disclose to anyone else –
(i) the information; or
(ii) the contents of or information contained in the document;
(b) give access to the document to anyone else;
(c) use the information or document for any purpose.
Penalty:  In the case of –
(a) an individual, a fine not exceeding $10 000; or
(b) a body corporate, a fine not exceeding $50 000.
(3)  Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document –
(a) about a person, with the person's consent; or
(b) that is necessary for the exercise of a power or function under this Act; or
(c) that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use –
(i) is necessary for administering, or monitoring or enforcing compliance with, this Act; or
(ii) is necessary for the administration or enforcement of another Act prescribed by the regulations; or
(iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or
(iv) is necessary for the recognition of authorisations under a corresponding WHS law; or
(v) is required for the exercise of a power or function under a corresponding WHS law; or
(d) that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or
(e) that is required or authorised under a law; or
(f) to a Minister.
(4)  A person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless –
(a) the disclosure is made with the consent of the complainant; or
(b) the disclosure is required under a law.
Penalty:  In the case of –
(a) an individual, a fine not exceeding $10 000; or
(b) a body corporate, a fine not exceeding $50 000.



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