(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.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) Subregulation (2) does not apply if the record is disclosed under regulation 376 or 377 or to a person who must keep the record confidential under a duty of professional confidentiality.